Legal Question in Landlord & Tenant Law in Massachusetts

I need to terminate my housing lease early for several reasons, but my landlord is not allowing me to do so. Here is the situation, as written to my landlord (below). If I took them to court do you think a judge would be on my side? There is nothing in the lease that states the allowance of early termination for medical needs, but could a judge possibly mandate that early lease termination on the basis of medical needs should be a law?

"Hi Nikole,

I need more information in regards to terminating my lease due to a

medical condition. I have been in contact with my psychiatrist and primary

care doctor who are both in agreement with me and willing to document that

my current living situation (surrounded by other tenants who can hear me)

is aggravating my condition. (1) I have a medical condition that causes

excessive coughing and expectorating that is aggravated by stress (stress

caused by tenants who complain that they can hear me doing so), (2), my

panic disorder, aggravated by the same aforementioned stress, and

furthermore, (3) my insomnia. My irregular sleep patterns conflict with

both mine and my downstairs neighbors right to live peacefully for my

waking hours take place in opposition to theirs. My psychiatrist has

recommended that the new housing I have found is beneficial to all 3 of my

conditions, for I will be living in the privacy and seclusion from anyone

that can hear me or be disturbed by my night time activity.

Could you please forward this email to Jim, as well as provide me with a

copy of the lease agreement and any other related information you have

regarding early termination of my lease related to medical needs.

Thank you very much,

Caroline"

and

"Nikole,

Are you neglecting to acknowledge/consider my medical condition as a need

for lease termination?

I also need to make you (and your management team) aware that I have been

diagnosed with post traumatic stress disorder. The trauma being the verbal

attacks from my neighbor. I am paralyzed with anxiety in that apartment.

The very notion of being in a living complex like it causes me anxiety.

Therefore, relocating to another one of your complexes is not an effective

treatment plan, for any of my conditions.

My apartment at 10C Nemasket will be fully vacated very shortly as I am

relocating to a place approved as effective for my treatment plan. I nor

my father have the financial means to continue paying rent for both the

10C Nemasket apartment and my new physician-recommended housing.

We are prepared to go to court with the matter if my medical need for

lease termination goes neglected.

Thank you,

Caroline"

My landlord stated that I am liable to continue paying rent.. is there any way out of this? Please help


Asked on 10/17/10, 11:42 am

1 Answer from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Do you have a lease for a term or do you have a tenancy at will? The answer to that question could solve your problem. As far as I am aware, inability to pay or a change in medical condition is not a defense to fulfilling your contractual obligations. If you can afford to, you may want to speak with an attorney to get some good advice on how to move forward.

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Answered on 10/22/10, 11:50 am


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