Legal Question in Business Law in Massachusetts

Re: Need to break lease

My off-hand belief based on what you've said is that you

would be foolish to pay another month's rent. However,

I would have you answer more questions before I'd be satisfied

with that advice.

You might be entitled to some rent refund due to

the noise / nuisance that existed when she was there,

but your chances of getting that, either practically

or even legally, are slim, so don't get your hopes up.

Now, before you accept my advice, know that I only know

Mass. law (and I am only knowledgeable in Mass. law).

Please let me know this: are you a Mass. resident with

your daughter's apt. in RI, or vice versa? There's another

issue that may come up. So call me! Toll-free: 888-527-0050.

Stuart Williams

Law Offices of Stuart J. Williams

21 Walter St.

Newton, MA

02159

But it's better if you write me: [email protected]

Stuart Williams

Law Offices of Stuart J. Williams

21 Walter St.

Re: Roommates --need to break lease

By the way, your instinct was (legally) right on both

points, that there something wrong with the roommates

telling you they won't accept a replacement: they have

what is legally called a duty to mitigate; they have to

do their share to reduce the 'damages', which is to say

that they need to get themselves another roommate, or at

the very least, make sincere efforts along that line!

Legally, them telling you that they won't accept another

roommate (can you get them to say that on an answering

machine tape, leaving a message for you?) -- it would

get them thrown out on their tushes if they didn't pay.

Perhaps your concern is that the landlord will come after

you, but you MIGHT have these counterclaims available

against him (1 -- consent to roommate selection being

unreasonably withheld; 2 -- nuisance) because of the fact

that he collects rent from at least one roommate directly

and not through the lease.

That's another point about which your instinct is correct:

the fact that he collects rent directly from one roommate

not named on the lease, unless that rent is being deducted

from the lease total, undermines the integrity of the entire

lease arrangement. I'm being vague, there, but under Mass.

law, I could better frame the argument in legal terms.

Again, though, either call me or else hire a competent attorney

nearby to give you thoughtful advice.

Stuart Williams

Law Offices of Stuart J. Williams

21 Walter St.

Roommates becoming nuissance need to break lease

If you stop paying rent, they must either sue you, forget about getting money from you, or talk to you

about a deal. The worst that can happen is that you pay the same money that you are now paying.

Alan Pransky

Law Office of Alan J. Pransky

20 Eastbrook Road