Can I withhold rent if my landlord wants me to move out?

Full question:

My landlord has asked me to move out by July 31 which is approximately 2 months. We pay our rent month to month and there is no legal contract between us and the landlord. He said he has a family member that has had his house repossessed and he said he could move in to our apartment. I have a 9 mo old baby and I have not planned to move so my finances are tight. Can I withhold my rent for the remaining two months I am here so that I can move? If My landlord signs an agreement to this can it be done? Is he going about this the correct way? What are my rights?

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

Answer:

In Massachusetts, a month-to-month tenancy can be terminated by either party with proper notice. According to G.L.c. 186, § 12, your landlord must provide you with written notice of at least thirty days to end your tenancy. Since you pay rent monthly, this notice period is sufficient.

If your landlord has not followed this procedure, you may have grounds to stay until the notice period is fulfilled. However, you cannot legally withhold rent as a means to force your landlord to allow you to stay longer. If you do not pay rent, your landlord could initiate eviction proceedings against you.

If your landlord agrees to an arrangement where you can withhold rent in exchange for a later move-out date, it should be documented in writing and signed by both parties. However, this is not a standard practice and could lead to misunderstandings or legal issues.

Remember, if you have not received a notice to quit for nonpayment of rent within the last twelve months, you have the right to prevent termination of your tenancy by paying the rent due within ten days of receiving such notice (G.L.c. 186, § 12). It's advisable to consult with a legal professional to understand your rights and options fully.