Legal Question in Real Estate Law in Massachusetts

Re: Measure of damages for lease breach

If the apartment is already rerented for mid November am I correct in only paying the landlord 1/2 of the "lease break fee"?

The simple answer to that is "yes." It's a bit of an oversimplification. It depends upon certain clauses in the lease somewhat, and it definitely depends on three major factual factors: a) whether the landlord had to pay some realtor a b) fee or a newspaper to advertise to get the new tenant in, c) if the tenant's rent is at the same or a higher rate. But you're on the right track: the landlord's "damages" are reduced, and, since arguably the new lease extends even further out, there could be a potential offsetting benefit to the landlord, and another if the new rent is higher.

If you want to know, go meet the new tenant and get some questions answered!

I'm sorry if this reply comes too late.