Legal Question in Real Estate Law in Massachusetts
breaking a lease
My tenant's lease ends on March 31,2007. He purchased a house and moved out on Nov.30,2006. He gave me a note last month saying he would pay Dec.rent. He has not paid Dec. rent or filled the oil tank as stated in the lease. We are trying to rent the house but no luck yet. How should I proceed?
2 Answers from Attorneys
Re: breaking a lease
The failure to pay is a breach of the lease.
The landlord retains a duty to mitigate damages. Yet there is an issue of any funds left in escrow. I believe that upon the tenant's termination of a lease you can reach it. But depending on the amount of money, you may want to consider a small claims action.
In the alternative, if it is over 2K, then a civil action for the amount owed, and any damages to the property.
Re: breaking a lease
In addition to the above, watch out for counterclaims! If you failed to segregate the security deposit in an interest bearing account or follow any of the numerous other landlord duties, you may find yourself liable for more than the rent due to you.
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