Legal Question in Real Estate Law in Massachusetts

My boyfriend and I have been wanting to move into an apartment together and we found one we like, and we are hoping that he will be able to get out of his current 12 month lease without having to pay a huge fine. As it happens, his landlord actually broke the terms of the lease (I believe). The lease agreement that my boyfriend signed stated that he would recieve one month's rent free (December). He has paid each month on time but of course did not pay December's rent as it had been agreed that that month would be free. A few weeks ago, he received a notice that he was being evicted for NOT paying rent in December, and he was given a court date in late January. Because he was hoping to get out of the lease, he did not take up the issues with his landlord, but is planning on going to court and asking that the lease be terminated due to the landlord's breach of the contract. What are his chances of getting out of the lease, and what should he do to prepare for court?


Asked on 1/16/10, 2:22 pm

1 Answer from Attorneys
Joseph Murray Joseph M. Murray, Esq.

If there is a writing signed by the landlord stating the December rent was waived, take it, along with the lease and all other correspondence with the landlord to a lawyer to defend against the eviction as there may be defenses and counterclaims entitling the tenant to triple damages and attorney's fees if the eviction was prematurely filed. Good Luck!

Read more
Answered on 1/21/10, 5:50 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Massachusetts