How many days in advance should a subtenant notify the sublessor that he will leave earlier than expected?
<p>Alice is subletting an apartment to Bob. The contract stipulates that Bob is subletting the apartment till August 15.</p>

<ul>
<li>Can Bob leave earlier, i.e. decide to end the sublet earlier than what the contract stipulate?</li>
<li>If so, how many days in advance should Bob notify Alice?</li>
</ul>

<p>Everything is happening in Massachusetts, United States.</p>

<p>First and foremost there <strong>are</strong> laws in Massachusetts that govern leasing (and subleasing - this is only a sub-category of leasing after all) of real property. I do not know what they say and I am not going to bother finding out; you should. Start <a href="http://www.mass.gov/ago/consumer-resources/consumer-information/home-and-housing/landlord-and-tenant-law/" rel="nofollow">here</a>.</p>

<p>Typically, real property transactions are one of the most highly regulated areas in any jurisdiction. In general, they will read terms into any contract, prohibit other terms and <em>may</em> specify the form of the contract - it may be that the contract <em>must</em> contain certain clauses or it is unenforceable.</p>

<p>Notwithstanding, <strong>if</strong> the contract is enforceable and <strong>if</strong> the only terms are the ones you have given (both questionable predicates):</p>

<ul>
<li>Bob can <em>physically</em> leave anytime he wants to - a subtenant is not an inmate of a prison. Bob will have <em>access</em> to the property until 15 August and must pay the rent up until that date. Alice must allow Bob "quiet enjoyment" of the property until that time.</li>
<li>Bob can <em>ask</em> Alice to vary the terms of the contract in any way he likes; including reducing (or extending) the term with or without notice periods. If Alice <em>agrees</em> then the contract is varied and the new terms replace the old.</li>
</ul>

<p>Having said that, civil law only matters when there is a <em>dispute</em>; if Bob and Alice (and Ted and Carol) are (reasonably) happy with their arrangement it <em>does not matter</em> that it may be legally unenforceable. Courts and judges do not wander around town sticking their nose into every <em>arrangement</em> to make sure it is in full compliance with the law (largely because of the risk of bodily harm that would result :)); they only interfere when one of the parties asks them to. </p>

united-states rent massachusetts