Legal Question in Landlord & Tenant Law in Massachusetts
breaking a lease
On Oct 30th, I gave a total of 2,125.00 to a rental agent for 1/2 1st month, full 2nd month, and security(425.00,850.00, 850.00) I signed a lease on Nov.9th. My future land lady had not yet signed the lease. On Nov. 11th, I changed my mind and notified the rental agent. They re-rented the apartment in December. The land lady will only give me back 425.00. She had to pay the rental agent 850.00 and is keeping my security deposit because I broke the lease. Was the lease valid,her not having signed it? Do I have a certain amount of time to legally cansell? Can she keep my security, and the fee for the rental agent? Thank you Brenda Campbell
1 Answer from Attorneys
Re: breaking a lease
No, you do not have a 3-day cancellation period.
If the landlady did not sign it, there was no lease. You may have a problem proving this.
The 1/2 month is a little strange, but if you did not intend to move in until the 15th, or if the 1/2 month was an inducement, OK.
The security is supposed to be used only for repairs, and is very limited in what can be taken from it, but unpaid rent is one of the things it can be used for. The penalty for improper use is 3 months' rent. If the lease provides that the tenant pays the landlord's legal fees and costs, the landlord has to pay the tenant's legal fees and costs.
It really comes down to whether she had signed the lease or not.
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