Adjartey v. Cent. Div. of the Hous. Court Departmentand, 120 N.E.3d 297 (2019)

Citation: Adjartey v. Cent. Div. of the Hous. Court Departmentand, 120 N.E.3d 297 (2019)
Parent Document: Adjartey v. Cent. Div. of the Hous. Court Departmentand, 120 N.E.3d 297 (2019)
Jurisdiction: Massachusetts (state)
Effective Date: 2019-04-10
Original Source: https://www.courtlistener.com/opinion/7178223/adjartey-v-cent-div-of-the-hous... ↗

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b. Notice to quit for reasons unrelated to rent payments. Where the eviction is not based on a tenant's failure to pay rent, the eviction process also varies based on the type of tenancy. In a tenancy at will, either the landlord or the tenant may terminate the tenancy by giving three months' written notice. G. L. c. 186, § 12. Where the rent is payable more frequently than once every three months, notice is sufficient if "it is equal to the interval between the days of payment or thirty days, whichever is longer." Id. This means, in the case of most tenancies where rent is payable monthly, that one month's notice will be sufficient to terminate the tenancy. In a tenancy under lease, the notice requirements are governed by the terms of the lease, provided that those terms are not unlawful. See Cambridge St. Realty, LLC, 481 Mass. at 130-132, 113 N.E.3d 303 (evaluating legal sufficiency of notice to quit under lease terms); Ciriello vs. Fortin, Mass. App. Div., No. 11-ADMS-10002, 2011 WL 2623543 (Dist. Ct. July 1, 2011) ("a notice to quit must be timely, in compliance with both the terms of the lease and the requirements of law"). See also G. L. c. 186, § 15A ("Any provision of a lease ... relating **852to residential real property whereby a lessee or tenant enters into a covenant, agreement or contract ... the effect of which is to waive the notices required ... shall be deemed to be against public policy and void").

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