Legal Question in Landlord & Tenant Law in Massachusetts

Re: Breaking a lease

You cannot break the lease unilaterally without the consent of your landlord.

Here is what you must do in order to preserve your rights:

1. Notify the landlord of all sanitary and housing code violations, and give landlord a deadline by which to fix it.

2. If landlord does not comply, contact your local Board of Health and schedule an inspection.

3. If the landlord ignores the Board of Health, you should either withhold rent or plan to move out. If you decide to withhold rent, you should place the rent money into a separate account both as a gesture of good faith, and so that you have the money if you are ordered to repay some or all of it.

If you do these things, you will be protected in the event of a suit by the landlord. You should also make a demand for the immediate return of your security deposit.

If you would like the assistance of counsel in this matter, please do not hesitate to contact my office.

Re: Breaking a lease

No. you cannot break the lease unilaterally. You can make a written demand that the Landlord fix the problem, send it by certified mail.

If nothing is done, then call the local health dept for an inspection. If the landlord does not comply with any orders issued by the Health Dept, you then go to court and seek termination of your lease and damages for rent paid. If you go the Mass Trial Law Libraries on line, they have excellent advice to Tenants.