Legal Question in Landlord & Tenant Law in Massachusetts

Rented 3 bedroom, Informed after 2 bedrooms are usable, can I break lease?

The title says it all, I rented a 3 bedroom apartment, then was informed afterwards by a friend who works for the state board of health that because of state statute 410.400

the third bedroom is not usable. Too small.

Can I break the lease for this reason, we have 6 people total, 4 kids.

The other 2 bedrooms are below the Square footage required for 3 people as well.

Where do I stand?


Asked on 10/15/08, 7:29 am

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

Re: Rented 3 bedroom, Informed after 2 bedrooms are usable, can I break lease?

You certainly have grounds to walk away from the lease.

First, I would notify your landlord in writing that you believe s/he has breached the lease agreement, and that the apartment has less space that you bargained for.

I would indicate to her/him in writing that if he will not let you terminate the lease, you will contact your local Board of Health/Housing Inspector to come inspect the property.

If he is not cooperative, I would do just that.

You may have a problem though: if two of you signed the lease, and now you are attempting to cram 10 people into the apartment, likely it is you who violated the terms of the lease.

Please feel free to contact my office if you would like to schedule a consultation.

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Answered on 10/15/08, 10:04 am


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