Legal Question in Landlord & Tenant Law in Massachusetts

Lease Question

Hi

state - massachusetts

In a nutshell here's my problem.

I signed a six month lease to rent a new apartment.

My current landlord contacted me and said they would lower the rent if I didn't move out. I've called

the person I signed the new lease with and informed them I would not be renting the apartment they

offered me. Obviously, they got upset, said I had signed a legally binding agreement and would take me

to court to collect all moneys owed for the lease term if I reniged. My question: I want to terminate this lease and stay where I am. How do I go about doing this, should it be possible to make a deal with this person ? If he takes me to court, I believe he would had quite a problem collecting six months worth of rent. What should I do ?


Asked on 4/10/03, 6:15 pm

1 Answer from Attorneys
Robert Trant Law Office of Robert R. Trant

Re: Lease Question

If the lease was signed by both parties then it would be a binding contract. If you fail to honor the new lease signed then the landlord would be entitled to sue for damages for the time period the apartment remains unrented plus the difference between the lease rent and the new tenant's rent (if lower) for the term of the lease. The landlord has an obligation to use reasonable efforts to re-rent the apartment. The landlord can not sit back and do nothing and expect to collect the six months rent. You could always try to negotiate a settlement with the new landlord to avoid being sued for damages.

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Answered on 4/11/03, 10:03 am


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