Legal Question in Landlord & Tenant Law in Massachusetts

Tenant Violates Lease Landlord Gives Notice to Quit

I had a tenant rent and move into a room in my apartment in August 2007. Since then the police were called to the apartment twice for noise complaints, he sexually harassed me, heavily damaged the floors with scratches, and refuse to clean or maintain the apartment in a reasonable manner. I gave a notice to quit citing that the tenant was in violation of sec. 11 of the Massachusetts Standard Fixed Term Lease (which was signed by both parties). The tenant moved out within a few days and is demanding return of security deposit, which was handled and deposited in the proper manner and which I will return minus a percentage of the cost of floor repairs and cleaning. I want to know if however I want to know if I can demand reasonable damages for part or the remainder of the lease under section 25 of the lease? The term reads: The Lessee covenants that in the case of any termination of the lease by reason of the default of the Lessee, then at the option of the Lessor:

a) the Lessee will forthwith pay to the Lessor as damages hereunder a sum equal to the amount by which the rent and other payments called for hereunder for the remainder of the term...


Asked on 12/12/07, 10:39 am

1 Answer from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Tenant Violates Lease Landlord Gives Notice to Quit

The security deposit statute states what you may use such a deposit for, and the conditions under which you may use it. Since you seem willing to dig through legal English, you should look that statute up -- c. 186, sec. 15B of the Massachusetts General Laws. It is available online.

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Answered on 12/13/07, 4:16 pm


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