Legal Question in Real Estate Law in Massachusetts

Re: Abandonment-nonpayment

The landlord can use your security deposit to cover any unpaid rent. If you fail to pay the next month's rent, the landlord will serve you with a Notice to Quit for breaching the terms of the lease. The landlord would then need to file a Summary Process action in the District or Housing court to evict you and recover possession of the unit. You would be liable for any unpaid rent while the unit remains vacant. The landlord must make a reasonable attempt to re-rent the unit. It is certainly advisable to assist the landlord in finding a new tenant. However, most leases contain clauses that the tenant is not allowed to sublet or transfer lease absent the owner's approval. If the case goest to court and the landlord has not made a good faith effort to re-rent, you may only be liable for part of the rent. If you have assisted the landlord, you could also try to show the judge that the landlord is being unreasonable and not giving a good faith effor to re-rent. In any event, you would be personally liable for any judgment awarding the landlord the unpaid rent. If your landlord does agree to let you out of the lease, make sure you get a written release signed by the landlord which states that both of you are released from the benefits and obligations of the lease. This way the landlord can not go into court later to try to collect any unpaid rent.