Lease for an Apartment?

Q: "Should a lease be used when renting an apartment, whether a landlord or tenant?"

A: In most cases, the answer would be yes to protect both the renter known as the Lessee and the landlord known as the Lessor. However, it all depends on personal circumstances.
A lease should clearly define the amount of rent due, names of both parties, the rental start and expiration date.

The Lessee is protected by the terms of a lease. The property must be kept habitable per the criteria stated in the Massachusetts Sanitary Code. Also, the rent amount stays fixed per the lease. The only time a Lessor can increase the rent is at the end of the lease upon renewal. This should be done with at least a thirty days notice. The Lessor cannot ask the Lessee to vacate the property prior to the expiration date unless the Lessee is in violation of the terms of the lease. The Lessor must give at least a thirty days notice when planning on not renewing a lease.

The Lessor is also protected in a lease. The lease guarantees the Lessor that the property will be rented for a specific period of time for a certain amount of rent. There may also be certain terms that the Lessee must abide by that can protect the Lessor’s property. Many leases have clauses that prohibit smoking, clutter and loud noise. Most leases allow only the Lessee to live in the rented space to avoid overcrowding. The Lessee must also give at least a thirty days notice when planning to vacate upon the expiration date. 

If there is no lease a “tenancy at will” is in effect. In Massachusetts this unwritten, and sometimes written agreement is subject to all Tenant/Landlord laws, including the thirty day notices to vacate or increase rent.