Legal Question in Landlord & Tenant Law in Massachusetts

I live in Boston, MA and signed a 1 year lease for an apartment starting 9/1/2014 back in January. Today, my realtor called to tell me that the landlord is revoking our lease so her son can move into the apartment. We have already paid the first months rent on the apartment and signed all paperwork. Is the landlord legally allowed to do this?


Asked on 3/06/14, 7:43 pm

1 Answer from Attorneys
Steven Hemingway Grolman LLP

The correct answer is "no." There is a lease and your landlord is not allowed to break it simply to suit her whims.

The real answer is "maybe." She will be liable for damages for breaching the contract and, if you refuse to vacate, she has to go through eviction procedures. She'll make up some BS reasons to evict and you'll fight them and in the end a judge may side with you, but now you have an upset landlord and may hate the next year of your life.

If you're open to moving, this is the perfect time to go in with a strong demand. The damages you would likely be entitled to for a breach of contract plus her costs in trying to evict you must be expenses she would like to minimize.

Whether you refuse to leave or are open to leaving, consult an attorney. Having an attorney on your side will be essential in case of an eviction proceeding or simply to help maximize your compensation in the event you do decide to leave. I am happy to help and will gladly meet with you for free to review your lease and talk through the situation to help you determine the best way to proceed. Feel free to email me at [email protected] or call me at 617-859-8966.

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Answered on 3/07/14, 5:56 am


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