We are the tenants in this question, I know MA has some specific laws so I'm hoping there is a MA LL or Realtor that can shed some light on my situation —
We have lived in our apartment for a few years. Our most recent annual lease expired on Nov 30th — we had asked our LL in the 2 months prior to Nov 30th to give us terms of renewal, but they didn't, they would respond saying they were working on it.
Dec 1st rolled around so we paid our usual rent, the LL didn't object or say anything…
A week or so later they sent us a renewal offer, it was odd because the offer stated a new end date that would have made it a shorter lease (essentially it was all back dated to look like they were offering a Nov '18 to Oct '19 lease).
Anyway, the details of their renewal offer are irrelevant because we didn't accept or respond to that offer.
Last week we gave our landlord written notice that we'll be leaving at the end of January — that was over 30 days from the point of giving notice to when we'd be vacating.
Our landlord has come back and said they accept our notice, but that the our original lease agreement states we agree to give 90 days notice to them, so we owe rent for Feb & Mar unless they find a replacement tenant (unlikely… there are other vacancies in the building and it's the wrong reason to find tenants).
I think that the original lease expired on Nov 30th, and we converted to tenants at will when they accepted our Dec 1st rent payment w/o objection. I think one that happened both sides only were required by law to provide 30 days notice.
Is the landlord correct that I have to give 90 days even though I'm a tenant at will and that original agreement expired?
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