Legal Question in Real Estate Law in Massachusetts
The right to break a lease with no penalty
I live in boston, basement apartment, from nov 8th through nov. 25th my home was not inhabitable, due to sewerage seeping up from the floor. Board of health inspector deemed it unsafe and a health hazard, I stayed there becuase I had no where to go. I wanted out and told the landlord I was breaking my lease. Can I leave now even though they have started to fix the damage. Without penalty.
1 Answer from Attorneys
Re: The right to break a lease with no penalty
You should think about how much incentive anyone will have to do anything. What are your goals? To get out without penalty? To get money? If your lease was set to run out soon anyway, would your landlord's damages be just those months? Will someone else pay what you paid for the place? If so, what are the landlord's damages?
You should review the lease with a lawyer to examine your liability for breach. If the landlord sued you, you would have a counterclaim -offset for the diminished value of the place with suage. All legal claims are subject to time limits.
Another possibility (after you've evaluated your exposures) would be to simply talk with your landlord. Maybe they will excuse you if you assist in showing the place.
Best wishes.
Charles W. Cobb
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