Legal Question in Landlord & Tenant Law in Massachusetts
Voilation
If a tenant moves out without notice before lease is up do we have the right to pursue the rent due for the remaining leaseOr just the for the 30 day notice we asked for?
1 Answer from Attorneys
Re: Voilation
It depends in part on how the lease is written. If either party can terminate the lease before it ends on its own terms, you have to go by what it says for the penalty, if any, for doing so.
If the lease does not say anything, or provides nothing but a 30-day notice requirement (in which case it may not be a lease but a rental agreement), then you may be limited to the rent due for the next rental period after the notice was given.
If it is a true lease, while the tenant is potentially liable for the rent due to the end of the lease, you as landlord have a duty to diminish damages by trying to rent the unit during that time, which would lessen the amount the former tenant has to pay.
A landlord who does not have an attorney s/he uses regularly is asking for trouble. You should establish a relationship with an attorney who can review documents and explain consequences before the problem comes up.