What is the Difference Between a Lease vs. Tenancy at Will?

Renting a property in Massachusetts comes with its own set of rules and regulations that both landlords and tenants must adhere to. These regulations vary depending on the type of tenancy: lease-based or at-will. The key differences and responsibilities associated with each type of tenancy will help you make informed decisions as a landlord or tenant.

Tenancy Based on a Lease: Stability and Commitment

When a tenant enters into a lease agreement with a landlord in Massachusetts, it establishes a tenancy based on that lease. Here’s what you need to know:

1. Fixed Duration: In this scenario, the tenant agrees that the tenancy will last for a specific period, which is often one year. During this time, the monthly rent remains consistent, providing financial predictability.

2. Limited Grounds for Eviction: Under a lease agreement, the landlord cannot terminate the tenancy (evict the tenant) unless the tenant violates the conditions stipulated in the lease. Common lease violations include non-payment of rent or significant damage to the property.

3. Tenant Commitment: As a tenant under a lease, you are committed to paying rent for the entire lease term. Premature termination is only possible if both you and the landlord agree to an early termination.

Lease agreements are a preferred option for tenants and landlords looking for stability in their tenancy. The written lease agreement should contain all the rules and conditions applicable to the tenancy, offering clarity and protection for both parties.

Tenancy-at-Will: Flexibility and Notice

In contrast, a tenancy-at-will provides greater flexibility but less predictability:

1. Indefinite Duration: A tenancy-at-will has no set end date and can continue for as long as both the landlord and tenant desire to maintain the arrangement.

2. Monthly Rent: In this type of tenancy, the tenant pays an agreed-upon rent each month without a fixed term.

3. Notice to Terminate: Either party (landlord or tenant) can choose to end the tenancy by providing notice to the other party. The notice period is typically 30 days or one month before the due date of the next rent payment, whichever is longer. This flexibility allows for adjustments to the rental agreement when needed.

4. Rent Adjustments: In a tenancy-at-will, the rent can be adjusted within the same notice period before the tenancy ends, accommodating potential changes over time.

Obligations of the Landlord and Tenant

Regardless of the tenancy type, both landlords and tenants have specific responsibilities:

– Tenant Responsibilities: Tenants must pay rent on time, adhere to the rules outlined in the lease or rental agreement, and accept responsibility for any damages that exceed “normal wear and tear.”

– Landlord Responsibilities* Landlords must provide a safe and clean apartment that complies with the Massachusetts Sanitary Code. They must also honor any promises made in the lease or rental agreement.

Right to Occupancy and Landlord Entry

In both lease-based and at-will tenancies, tenants have the right to occupy the apartment. Landlords can enter the apartment under certain circumstances, such as making repairs, inspecting the apartment’s condition, or showing it to prospective tenants, buyers, or real estate agents. However, landlords must arrange with tenants in advance, except in cases of mechanical/repair emergencies or apparent tenant abandonment.

Negotiations

While not legally required, both landlords and tenants in Massachusetts have the right to negotiate the terms of a lease. It’s essential for landlords not to rush tenants into making decisions, and both parties should be clear about the terms and conditions before signing the lease. Any agreed-upon changes should be documented within the lease agreement to ensure clarity and adherence to the negotiated terms.

Understanding the differences between lease-based and at-will tenancies in Massachusetts is crucial for both landlords and tenants. Each type of tenancy offers its own advantages and considerations, so it’s essential to choose the one that aligns with your needs and preferences. By knowing your rights and responsibilities, you can navigate the rental process with confidence and mutual respect.

If you have questions or concerns about a Lease or Tenancy at Will, call the Law Offices of Johnson Sclafani & Moriarty at 413-732-8356.