Legal Question in Landlord & Tenant Law in Massachusetts

I broke the lease on my apartment, I was told that I will be responsible for rent until they rent it, however they will do their best to get rented as fast as they can and they wont show any more apartments for the same size and floor until they rented. A week after I got my stuff out they told me that somebody is moving in at the first of april. I called them a few days before the 1st they said the tenant change their move in date to May 1st. I called them on May 3rd and they said that the person cancelled on their moving date. They have rented multiple apartments since them but they tell me that I am responsible for the rent until they actually get somebody to move in. Is this right, should I be paying this money or do I have any legal recourse. Please help.


Asked on 5/03/10, 10:46 am

1 Answer from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

Depending upon the type of lease that you have (you may want to have it reviewed by an attorney), you may be responsible for the entire lease term. If you decide not to pay, the landlord will need to file a lawsuit to recover that money from you. As you suggest, the landlord has a duty to 'mitigate' his damages by taking reasonable steps to rent the unit. If he cannot rent the unit, or cannot rent the unit at the same price, you are responsible for his losses. Feel free to contact my office if you are in need of legal assistance.

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Answered on 5/09/10, 6:58 am


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