Boston Tenancies Explained

Understanding Boston apartments for rent is easy: there are basically two distinct types of tenancies in Massachusetts. These are a lease and a tenancy at will.

The common misconception for both parties is that leases are better for landlords and tenancies-at-will are better for tenants. However, this isn’t always the case. Which is better depends on the needs of each party in terms of stability, predictability, and flexibility, as the terms and conditions of both a lease or a tenancy-at-will can be negotiated between the tenant and leasing landlord.

(*Except in the case of units receiving state or federal subsidy, in which case the lease must be made for at least one year.)

Written Fixed Lease Differences

A lease can be:

  • For a fixed term of tenancy (one year on average). A tenancy-at-will is from month to month.
  • Terminated during the term determined by the lease, and only for reasons listed in the lease. A tenancy-at-will can be terminated without any reason.
  • Used to define a specific fixed monthly rent, but can also allow for rent increases when it not specified in the lease. For tenant-at-will, the landlord can increase the rent upon giving notice one rental period in advance.

Basics of Tenancy at Will

A tenancy-at-will for a Boston rental property can be a written agreement, oral, or by the actions of the landlord and tenant. For example, the landlord or the landlord’s agent accepting rent from the tenant. The best method of Tenancy at will is obviously to have any rental agreement in writing.

Whatever transpires between the landlord and tenant parties creates a contract. This means that both parties have to agree on the essential terms of the contract, which includes the amount of rent to be charged / paid, the total term of the tenancy, and what items are included in the tenancy. These terms cannot be modified or changed without the consent of both the landlord and the tenant.

It is common for landlords to wrongly assume that the rent for a tenancy at will can be increased soley by action on the landlord’s part, in the form of giving a rent increase notice. But this isn’t true: as with any other contract, the tenant must agree to the changes, by either expression or action. However, if the tenant does not agree with the rent increase, the landlord could threaten to or actually terminate the tenancy.

Terms and Terminations

The term specifics of tenancies at will are usually on a month to month basis. Unlike a lease, a tenancy at will can be terminated by the Boston property management for any lawful reason. This is called a “no fault” eviction.

The period required for termination for a tenancy at will is often determined by frequency of the rental payment. If the rent payment is monthly, then both the landlord or the tenant can terminate the agreement by giving a valid thirty-day notice. If the rent is paid less frequently, like once every six months, then the required termination period will be equal to that rent payment period.

Now that you’re in the know about rental terms, contact Phoenix Realty to get started on your Boston apartment search, or to list your Boston apartment!

Read the full source article on Leases and Tenancies at Will from boston.com.

Tuesday, September 7th, 2010 Boston, Boston Apartments, Boston Apartments for Rent, Boston Property Management, Boston Real Estate, Boston Rental Property, Renter's Guide

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