Legal Question in Landlord & Tenant Law in Massachusetts

Breaking an Apartment Lease

With the economy tight and my rent exceeds my continued ability to pay. Do I have any legal recourse in breaking my lease and moving into a cheaper apartment, without paying the current lease off?


Asked on 1/07/09, 2:54 pm

1 Answer from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Breaking an Apartment Lease

You should first inform your landlord that you believe you will be unable to continue to pay his/her rent. Perhaps you can negotiate a lower rent payment if s/he believes it would be more expensive and timely to find a new tenant. With enough advance notice, your landlord may cooperate with you.

You should bring your lease into a lawyer's office and discuss your current options, and the consequences of each course of action. You may even be able to legally break your lease (in the case, for example, where the landlord has violated the terms of the lease).

Even in the event that you decided to unilaterally terminate the lease and were sued by the landlord, you have a number of defenses (and maybe even counterclaims) that may be asserted on your behalf.

I charge a reasonable flat fee for an office consultation, and would be happy to meet with you.

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Answered on 1/07/09, 3:08 pm


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