Tips for Moving Out of Your Apartment

When you are ready to move out of your apartment, it is critical to know the terms of your lease so that you do not violate them. If you do not know which type of tenancy best describes you, visit our Types of Tenancy page for definitions, or call the Housing Consumer Education Center at 413-233-1700. The following will help you understand your obligations under Massachusetts law.

For Tenants with a Lease

If the term of your current lease is expiring, and you want to move, check your lease agreement to see whether your lease is self-extending or not. That is, whether it includes a clause specifying that it will automatically renew itself unless you or your landlord gives notice to the contrary a certain amount of time before the lease expires. For self-extending leases of this sort, you must give your landlord notice of your intention to move out the required number of days before the expiration date of your lease (usually the greater of 30 days or one rental period). If your lease is not self-extending, you are not legally required under Massachusetts law to give advance notice. However, as a courtesy, it is good to let your landlord know at least a month ahead that you plan to move.

If you want to move before your lease expires, this is known as “breaking” the lease. If your landlord has “materially” violated the provisions of the lease – including failure to address code violations that compromise the habitability of the apartment – you may have legitimate grounds for breaking the lease. Otherwise, if you wish to break your lease without repercussions, you should – with few exceptions – provide your landlord with a written statement of your intention to “surrender” your apartment and you must obtain your landlord’s written agreement to allow you out of your lease. 

Alternatively, with the approval of your landlord, you can sublet your apartment for the remainder of the term of your lease.

If you simply move out of the apartment without proper cause, or without giving proper notice, your landlord is responsible for trying to rent the apartment; but if s/he cannot obtain a new tenant for all or part of the remainder of the term of your lease, you may be held responsible for some or all of this rent.

For Tenants-at-Will

If you are a tenant-at-will and you wish to end your tenancy, you must give a written notice to your landlord at least 30 days or one full rental period (whichever is longer) before the day on which the rent is due. For example, if you pay your rent on the first of the month and you wish to vacate the apartment at the end of June, your landlord must receive your written notice, stating that you plan to do so on or before May 31st. 

If it is not possible to give notice a full 30 days or one rental period (whichever is longer) before you plan to leave, you should give your landlord notice of your intent at the earliest possible date and try to obtain his/her written consent. If you simply move out without properly notifying your landlord, you could be held responsible for the rent, and the landlord may retain your security deposit in lieu of rent if the unit has no tenant.

Security Deposit

If you paid a security deposit when you moved in to your apartment, your landlord must return the full amount of the security deposit plus any interest due to you within 30 days of when you move out. The landlord may deduct any rent you still owe and/or the cost of repairing any damages in excess of normal wear and tear from the security deposit, so long as s/he has complied with all the provisions of the security deposit laws. The landlord must also provide you with a letter accounting for the disposition of your security deposit and detailing any monies s/he may have withheld from it within 30 days of when you move out. Be sure to leave a forwarding address so that the landlord can send your deposit to you. Click here for more details about security deposits.

Of course, it is important that you leave the apartment in good condition (that is, floors swept or vacuumed and stove, refrigerator, kitchen sink, bathroom sink, tub, and toilet cleaned).  You should refer back to the Statement of Conditions form you filled out with your landlord when you moved into the building.  The form may be used as an agreement on the condition of the apartment when you leave.  Also, be sure to return all keys to your apartment to your landlord.

Utility or Heating Problems

The Department of Housing and Community Development (DHCD) through their Community Services Division oversees a number of energy assistance programs. These programs are administered locally through Non-Profit Agencies. To find the Non-Profit Agency closest to you, call the DHCD Heat Hotline at 1-800-632-8175 or visit the DHCD website.

Visit Mass.gov for information about fuel assistance and weatherization programs

Visit Western Mass Electric Company for tips on reducing energy costs

Download If Your Building is Being Foreclosed: Information for Tenants