Can my landlord demand January's rent without a written agreement?

Full question:

I had a year lease that was up almost a year and half ago. I have become a tenant at will. I spoke with the landlord in the middle of November and advised him that I would be leaving the apartment by January 1. I thought I had paid first and last months rent. The landlord stated it was first and security and that one more month's rent was needed. That was paid. Now, the landlord's son who takes care of renting, is leaving and demanding January's rent because it was never put in writing. Is this legal? What are my options? I have another place and cannot afford to pay another month. I am also afraid my security deposit will not be returned.

• Category: Landlord Tenant
• Date: 04/07/2025
• State: Massachusetts

Answer:

Under Massachusetts law, a tenancy at will can be ended by either party with written notice. Specifically, the landlord must provide three months' written notice to terminate the tenancy, or thirty days if the rent is due monthly (Mass. Gen. Laws ch. 186, § 12). If you have not received a notice to quit for nonpayment of rent in the past twelve months, you can prevent termination by paying the rent due within ten days of receiving such a notice.

In your case, if the landlord's son is demanding January's rent without a written notice, you may have grounds to dispute this claim. Since you indicated your intention to leave by January 1 and paid the required rent, you should document all communications and payments made. If the landlord does not return your security deposit, you may also have legal recourse to claim it back.

For further assistance, consider consulting with a legal professional who can provide guidance based on your specific situation.