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Intent to Stay Letter as Renewal of Lease (Massachusetts)

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Intent to Stay Letter as Renewal of Lease (Massachusetts)

Postby brightonboy » Fri Feb 15, 2008 12:14 pm

I have informed my current landlord that I will be leaving on March 1st, but I have said that if they need a 30 day notice, I can move out on March 15th.

My lease expired in September and I never received a new lease. I was given an intent to stay letter in July which simply stated that I intended to stay and that the rent may be increasing. The landlord says that this letter of intent meant to him that we were committing to stay for another year. I signed this expecting to receive a new lease or renewal in September, but it never happened.

What is my legal obligation? I want my last month and security back. And he is telling me I have to find a sublet or pay through next September if I leave... Do I threaten court, or is my case strong enough that he will settle it outside court.
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Postby TenantNet » Fri Feb 15, 2008 12:22 pm

First off, you're in Mass. (which brought us the likes of Mitt Romney) and your local law and case law most likely differs from NY law. So you really need a local source.

But based on what you have described, it sounds as if you're LL is dreaming. The letter, which might be held to establish rights and obligations, says whatever it says. It it fails to state a term of the "contract," then there owuld be -- IMHO -- no term. One can't read things into it that aren't there. Either it says or doesn't say. Look at your original lease. It most likely says a) the parties, b) the time period beginning and ending, c) the rent or consideration and other terms. Same thing hold for this letter.

The LL is jerking you around on your deposit, which you might have to fight for.
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Postby cardinalfang » Sun Feb 17, 2008 12:17 pm

The best online source of plain-language information on tenants' rights in Massachusetts that I know of is here: http://www.masslegalhelp.org/housing/legal-tactics1

Good luck.

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