Legal Question in Landlord & Tenant Law in Massachusetts

Had to break lease due to financial calamity. Do I have any rights?
I signed a residential lease in May 2003 with a landlord. Shortly afterward my business collapsed and I found myself in dire financial straights within a few months. I hung on as long as I could but in December '03 I had to vacate the space. This was one of the most popular buildings in Boston's South End. I lived there 2 and 1/2 years and never knew a space in this building to be vacant for more than a couple of weeks. After I moved out however the landlord let the space sit empty until the term of my lease expired at the end of May '04 then promptly it in June '04.
The landlord took a loss on the space for those months and now is trying to have his cake and eat it too by coming after me for the balance of the lease amount plus interest. Doesn't he have some sort of obligation to make a reasonable attempt to fill the space even though I broke the lease? I am (and have been) willing to discuss some form of settlement with him but his heels are dug in and now he's stopped talking to me and taken me to court for the full amount plus interest.

Asked on 4/18/05, 2:22 pm

Joseph Murray Joseph M. Murray, Esq.

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Re: Had to break lease due to financial calamity. Do I have any rights?

He is obligated to attempt to relet to mitigate damages. But you have the burden of proving he should have been able to do so.

Answered on 4/20/05, 11:11 pm

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