Massachusetts Lease Information

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Multi-State
Control #:
US-OG-1026
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This is a lease information form.
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FAQ

The difference between assignment and transfer is that assign means it's legal to transfer property or a legal right from one person to another, while transfer means it's legal to arrange for something to be controlled by or officially belong to another person.

Once the landlord's consent has been obtained, the tenant and assignee can enter into a deed of assignment to transfer the lease to the assignee. If the lease is registered at the Land Registry the assignee will then need to register the assignment at the Land Registry.

A Tenant at Will is one who occupies a rented apartment without a lease, but pays rent periodically (typically monthly). Either the landlord or the tenant may terminate this arrangement at any time by giving written notice of 30 days or one full rental period in advance, whichever is longer. No reason is required.

A Massachusetts month-to-month rental agreement creates a short-term lease that allows a tenant to lease a residential property until canceled. Either the landlord or tenant can cancel the agreement by providing sufficient notice of at least thirty (30) days.

To be valid, an assignment must be in writing. While your lease may say that you need the landlord's permission to assign, many leases also state that the landlord cannot unreasonably deny her consent. If this is the case, the landlord cannot unreasonably deny you permission to assign.

An agreement to lease cannot be assigned, but a deed of lease can be assigned if you meet the right criteria.

Have a conversation with your landlord about allowing you to assign your lease to a new tenant. Your landlord is more likely to allow this arrangement if you have a highly qualified, financially-secure replacement tenant already in mind.

If neither you nor your landlord gives the other notice, your lease continues or "extends" automatically for another year. If the original lease was not 1 year, it extends for the same amount of time as the original lease. If you have a self extending lease, the terms of your original lease stay the same.

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Massachusetts Lease Information