Legal Question in Landlord & Tenant Law in Massachusetts

Re: Tenant violation

If the tenant has a fixed term lease and vacates prior to the end of the lease term, you would be able to file a lawsuit to recover the amount remaining on the lease term. You are under an obligation to try to find another tenant. If you are unable or are only able to find a tenant willing to pay less rent then your damages are the full rent for the months the apartment is empty plus the difference in rent if you find a new tenant at a lower rent. All of this assumes that the lease did not contain any provisions allowing the tenant to terminate with a 30 day notice. If the tenant was a tenant at will (no lease) then a 30 day notice is all that is required to terminate.

Re: Tenant violation

If your tenant is a tenant at will, then you are entitled to only the 30 days rent plus any damages to the property if there are any.

If you have a lease and there is no break clause allowing for early termination, then you can sue for the balance of the rent under the lease. However, you are obligated to try and re-lease the property to minimize your damages. If you rent the property for less than the original rent then you can recover the difference over the term. If you can't rent the property for example for 3 months then you can recover 3 months rent.

I hope this was of assistance. Please feel free to contact me if you have additional questions.