Legal Question in Landlord & Tenant Law in Massachusetts

Cancelling a one year lease before it starts

I have signed a contract for a one-year lease which starts in the fall. I have not begun living there yet and i want to cancel the lease. My girlfriend and I are the two tenants and we split up?


Asked on 7/21/09, 12:08 am

2 Answers from Attorneys

Joseph Murray Joseph M. Murray, Esq.

Re: Cancelling a one year lease before it starts

Retain an attorney immediately to review the lease and negotiate a written agreement with the landlord to release you from it, perhaps in exchange for your finding suitable replacement tenants and/or paying only such rent as needed until the landlord can mitigate his damages by finding replacement tenants. Good Luck!

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Answered on 7/21/09, 6:03 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Cancelling a one year lease before it starts

You should contact your landlord immediately so they have time to make alternative arrangements. If you can find a suitable tenant replacement, that would be even better.

There is a good argument in favor of you being able to breach the lease agreement at this time since you have not yet taken possession of the unit, and most likely the lease term has not yet commenced. Your landlord may likewise insist on enforcement of the terms of the lease.

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Answered on 7/21/09, 10:49 am


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