Legal Question in Business Law in Massachusetts

"Robert" needs to wait until "Sally" breaches the lease. After that Robert can move for possession and evict Sally (even thought she's technically left anyway). He can then sue for damages. Damages include all lost rent that would have been provided for under the contract. In the meantime, Robert would have a duty to try and find another tenant for the apartment to mitigate the loss of rent.

Roberts damages would be either:

-The remaining rent under the terms of the lease;

-The difference between what the new tenant is paying v. Sally's agreed upon rent;

-Nothing if Robert finds a tenant to pay a rent equal to or higher than what Sally was paying.

Robert should make sure that Sally doesn't have any potential counterclaims before he rushes to file suit against her though.

Robert is free to call us for a free consultation.