Legal Question in Landlord & Tenant Law in Massachusetts

Breaking a Lease Half way thru

Signed one year lease in Brighton (July 05 - June 06). Paid 1st, Last and 1/2 Mon. for Security.

Being transferred by my company in Jan 06, out of state.

Gave notice in writing to Landlord Nov. 29th

Landlord acknowledged and has listed apt. with area realtors, but wants us to pay realtors fee (additional months rent), can they do this? Do they have a claim to our security deposit?

Also, Landlord failed to adhere to MGL Ch. 186 sec. 15B(2), (3). i.e. never gave us receipt for deposit in interest bearing account.

Additionally, Lease is Generic RHA 'Simplified Fixed Term 2001 Edition', which has no position on early termination by Tenant for a situation like this.

Also curious to know if Landlord takes us to court and we are out of state, do they get default judgment?

Thanks so much!!!!


Asked on 1/05/06, 11:04 am

2 Answers from Attorneys
Raymond P. Bilodeau Law Office of Raymond P. Bilodeau

Re: Breaking a Lease Half way thru

Does the lease allow them to charge you the realtor's fees for finding a new tenant? Normally, that is a cost of doing business for the landlord, not the prior tenant.

The landlord is required to minimize damages by finding a new tenant as soon as possible. The problem is that rents have gone up to the point where it is taking longer and longer to find a qualified tenant.

You can find a prospective tenant yourself, of course.

If the landlord sues you and you are out of state, whether they can get a default judgment depends on 1) have they served you (be sure to leave them your new address) and 2) have you answered the complaint and are you prepared to show up for trial or try to settle the case before trial? If they do not have your new address, they can serve you by publication, but in the area of your last known address, so you may not get the summons and complaint.

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Answered on 1/05/06, 11:20 am
Joseph Murray Joseph M. Murray, Esq.

Re: Breaking a Lease Half way thru

Retain an attorney to demand immediate return of your security deposit if review of the lease and the facts confirms landlord did not comply with MGLA c 186 and to determine how to best negotiate an early termination of the lease to avoid a law suit. Good Luck!

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Answered on 1/05/06, 12:38 pm


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