Legal Question in Mediation in Massachusetts

last months rent

I broke my lease and the apt. was rented a week later. The property manager deducted $389.00 for advertising fees and charged me an extra weeks rent. Is this legal? It was not stated anywhere in the lease that they would charge me for advertising.


Asked on 10/08/08, 9:40 am

2 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: last months rent

You broke the lease. Hpow can a term meant for the proper end of the lease term protect you now?

If this is a Massachusetts lease, I suspect that a court would uphold the cost in a suit. However, the landlord may well have violated the law by applying the last month's rent to an amount he should have sued for. I frankly state this as an issue, not an answer, because I have not researched the matter either in statute or case law. Someone who has done so may give you a more clear answer.

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Answered on 10/08/08, 9:43 am
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: last months rent

I am going to assume for my answer that the apartment is located in Massachusetts.

If you broke the lease, you are contractually obligated for the remainder of the contract price. However, your landlord must mitigate his damages by taking reasonable steps to rent the apartment.

The landlord is limited to seeking damages for the period between when you left and when the new tenant took possession, which would be one week in your situation.

He may also seek from you his reasonable expenses in locating and securing a new tenant, including advertising.

None of these amounts, however, should have been deducted from your security deposit, if you paid one.

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Answered on 10/08/08, 11:39 am


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