Re: tenant at will

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On 5/11/08, c. lewis wrote:
> young couple with infant rent apartment in Mass. and are
> told they are "tenants at will" and can be evicted at any
> time. This was told to them by long term renter in
> downstairs apartment who collects the rent for the owner.
> Couple finds better apartment and gives 30 days notice (
> verbally) to lady who collects rent. She says they have to
> pay two extra weeks because they never gave proper notice.
> there have been no documents signed since day one. What
> rights do the young couple have regarding moving out?

A tenancy at will may be terminated without notice by any
party with the power to do so. Tenancies at will are created
by an express agreement that the lease can be terminated at
any time. If no express agreement exists, then a court will
construe it as a periodic tenancy based on the frequency of
payments. Tenancies at will are very rare because they must
be expressly agreed to and both the landlord and tenant must
have the right to terminate without notice. I suggest
examining the contents of the tenant's lease.