Legal Question in Landlord & Tenant Law in Massachusetts

You can have him enter into a termination of lease agreement which says that he releases his security deposit in exchange for terminating the lease, provided he is out by X date and there is no damage to the property beyond normal wear and tear.

If he leaves and does not pay the rent, you can send him a letter forfeiting the deposit including the interest and then sue him for the balance of the rent.

The first deal is better for both of you.

I agree with attorney Roth that a stipulated agreement releasing both of you from further liability is preferable. That being said, you may not find your tenant to be cooperative. In that event, you have the right to retain his last month's rent, security deposit, and bring a small claims or district court case against him for the entire remainder of the lease.

I agree with attorney Roth that a stipulated agreement releasing both of you from further liability is preferable. That being said, you may not find your tenant to be cooperative. In that event, you have the right to retain his last month's rent, security deposit, and bring a small claims or district court case against him for the entire remainder of the lease.