Can Landlord force you to sign a month-to-month lease?

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carmint16

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I am currently nearing the end of my year-long lease for an apartment in Massachusetts. The lease ends on 5 June 2009. According to the lease, I was supposed to give them 60 days notice when I would be moving out (I did not give written notice until 12 May) or they said I would be a holdover resident. They are now trying to force me to sign a month-to-month lease until 12 July (60 days). The section is the lease is as follows:

"RENEWAL OF LEASE: We may offer to renew you Lease at any tiem before the end of the current Lease, but we have no obligation to do so. Your renew lease term would begin at the end ot the term of the Lease and may be different terms than this Lease. YOU MUST SEND US WRITTEN NOTICE OF YOUR INTENT TO NOT RENEW AT LEAST SIXTY (60) DAYS BEFORE THE END OF THE TERM OF THIS LEASE, OR THIRTY DAYS IN THE CASE OF A MONTH TO MONTH LEASE. Nothing in this paragraph is intended to waive our right to immediately file suit for eviction, without prior notice, if you remain in possession after the termination date of your Lease without our written permission or consent.

If you fail to sign a renewal lease, or to vacate the premises, prior to the end of the Lease, then you will be a holdover resident and we reserve the right to terminate your tenancy pursuant to law. We may allow you to occupy the apartment as a MONTH-TO-MONTH resident, but we have no obligation to do so. We will send you written notice in the event we determine that you may continue as a month-to-month resident. In the event that we do not send you such a notice you will be a holdover resident. If we permit you to continue as a month-to-month resident, you must pay the Community's market rent for your apartment at such time as specified by us and a month-to-month premimum as referenced in Paragraph 6. In such event, this Lease will automatically be renewed on a month-to-month basis but WILL REQUIRE THIRTY DAYS WRITTEN NOTICE BY YOU, OR BY US, FOR TERMINATION. After the initial market rent adjustment when you become a month-to-month resident (which requires no notice), we reserve the right to increase RENT payable by you as a month-to-month resident under this Lease upon sixty days notice to you."

Am I completely screwed? I have accepted they fact that I will have to pay for my failure to notify the landlord, but I think that this holdover status is covered by my current lease and I should not be forced into signing a month to month lease. What do you think?
 
I guess I'm wondering why it really matters to you.

According to your lease, you needed to give 60 days notice prior to you moving out. You gave..what, about 24 days. Not even a month. Sounds like you'd still owe rent until July 12 (the 60 day limit) or until management found another tenant prior to July 12.

Have you paid a security deposit? If you have and you still move out June 5th, it's likely that management will keep the amount owed for rent until the July 12 deadline (or, again, less if they rent the unit before this date).

Gail
 
Last time I checked, MA law was fairly favorable to tenants. You should check with the Consumer Protection Agency to see if the 60 day notice period is reasonable, and whether the landlord can keep your security deposit if you only leave 24 days notice. If not, you may be eligible to sue for triple damages.
 
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