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Jared P Walsh
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Inherited Tenants - How to begin a new lease?

Jared P Walsh
Posted May 17 2022, 09:11

Hi, I am soon going to be closing on my first property and I will have an inherited tenant while owner-occupying the other unit. Her lease is month to month currently and is 750/month. I want to raise it to 850 because that is far too low in the state of Massachusetts for a 2 bedroom. How do I go about setting a new lease up? Do I need to cancel the existing month-to-month lease and then create a new one?

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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
ModeratorReplied May 17 2022, 10:34
Quote from @Jared P Walsh:

Hi, I am soon going to be closing on my first property and I will have an inherited tenant while owner-occupying the other unit. Her lease is month to month currently and is 750/month. I want to raise it to 850 because that is far too low in the state of Massachusetts for a 2 bedroom. How do I go about setting a new lease up? Do I need to cancel the existing month-to-month lease and then create a new one?


Any time someone is on a month-to-month lease, you can usually make any changes you want with a 30-day notice. Check your state laws because some states require a longer notice depending on how long the Tenant has lived there. You can give notice of termination, notice to increase rent, or whatever other changes you want.

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Joe Miller
  • Real Estate Broker
  • Columbus, OH
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Joe Miller
  • Real Estate Broker
  • Columbus, OH
Replied May 17 2022, 10:42

30 day notice and raise that thang! There should be state specific leases on BP that are available. Good Luck!

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Douglas Snook
  • Attorney
  • Attleboro, MA
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Douglas Snook
  • Attorney
  • Attleboro, MA
Replied May 17 2022, 21:17

Basically, yes, that is how you do it. Give her a thirty day notice NOW that you are ending her tenancy at the end of June. If you want to use your own lease and change the terms (like add no smoking, no pets) and request last month and a security deposit and/or go month to month to a year long lease and/or raise then rent, you can offer her a new lease under such and such terms. Usually it is best to do it by two separate letters/notices. have it all served by the sheriff or constable.

Congratulations by the way, and good luck!