Does a lease that has ended automatically start a tenancy at will?
My tenant’s year lease is up next month. I’m wondering if the lease automatically renews with the same terms for another year or if it turns into a tenancy at will. I live in Massachusetts if that matters.
Tags: automatically, Ended, Lease, Start, tenancy
It is a month-to-month tenancy if that is the same as at-will if there is no lease subsequent to expiration of the initial lease. You don’t have to renew the lease and you can give your tenant 30 days notice if you wish as the tenant can do the same.
The more common term is a month to month tenancy.
Generally an expired lease results in a month to month tenancy UNLESS it is specified in the lease that the lease will automatically renew for the same or other specified period if neither party terminates it in writing.
The answer: Read the Lease and see what it specifies. If it is silent, then it expires at midnight on the stated end date, it is now a month to month lease and either party can terminate with 30 days written notice.
A lease will only automatically renew itself if the original lease has language indicating that it will do so. Absent any such language in the original lease, the tenant defaults to a month-to-month tenancy agreement, governed by the statutes of the state in which the property is located.