Legal Question in Landlord & Tenant Law in Massachusetts
landlord
On October 14, 2007 I spoke with my landlord and I let him know that I have to cancel my leasing before the year because I will be starting a new position for work that require my relocation to Puerto Rico. Unfortunately, the timing of this decision is not within my control. I need to report to the new location on November 24, 2007.
He sent me a letter today in which I must pay $1,100 for November plus $3,330.00 for the next 3 months before October 20, 2007 (just 2 days later), I don’t have this amount of money. What I will facing with the law if I decide not to pay that? What action can take the landlord against me even if I will not be here in the country, especially with my credit?
2 Answers from Attorneys
Re: landlord
First, the landlord is not allowed to 'sit on his hands' and charge you for three months worth of rent. He has an obligation to mitigate (lessen) his damages by trying to rent the apartment.
Do not pay him three months worth of rent on October 20.
I would pay him the November rent as scheduled, and try very hard to find a replacement tenant. Until there is a replacement tenant to take over, you are liable for the rent. Once he enters into a new lease with a new tenant, you are no longer obligated to pay rent.
Please feel free to contact me if you would like guidance in resolving this dispute.
Re: landlord
The landlord does not have to release you from the lease. However, he does have a duty to mitigate damages. This means he has to look for a new tenant. Until he finds a new tenant, you have to pay rent when it is due. If your rent is due on the first of each month, then you have to pay on the first. The landlord has no right to "accelerate" the rent and require you to pay rent in advance. In fact, the law prohibits him from doing this.
If you don't pay rent, the landlord can sue you for the rent if he doesn't find a new tenant. Any lawsuit has the potential to give you a negative credit rating.
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