Legal Question in Landlord & Tenant Law in Massachusetts

My tenant wanted to leave the lease early. I found a new tenant, so I let him out early. The tenants last day was May 31, but he said he would be out 4/30 so we could get the house ready for the new tenant for 6/1. He paid May, as required, but insisted he would be out 4/30. is there anything wrong with insisting he vacate the premises and keeping the May payment? the house was left in horrible condition, the security deposit will not cover everything and he didn't leave until 2 weeks into May.


Asked on 5/21/14, 4:47 am

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

Your question is a little confusing. If he has paid for May, and his last day is May 31, then the tenant would seem to have the right to be there through the end of May, even if his or her best intention was to move out sooner. Regardless of that fact, your question makes it sound like the tenant has already moved out. If the tenant moved out mid-month, I think you are safe keeping their payment for the month of May. There is no obligation - unless is was part of the bargain for him moving out sooner than the end of May - for you to accept partial monthly rent payments. Be careful with that security deposit.

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Answered on 5/21/14, 5:31 am


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