Legal Question in Real Estate Law in Massachusetts

How can he expect me to pay, when I don't have the money.

My daughter lives in Massachusetts. She signed a lease for an apartment paying $1600 a month when she had our financial support and a nice amount invested. She no longer has our financial support and I am no longer on her lease and her investments are worth a pittance. She also earns $10.25 an hour. She has moved into and signed a lease for a less expensive apartment she is sharing with her boyfriend. Can the landlord of the first apartment take her to court and force her to pay the rent on the first apartment until that lease is up next Sept. He insisted she sign a statment saying she would pay the rent for the remainder of the lease or he wouldn't show the apartment. The $1600 she feels is much too high for current conditions and the elevator hasn't worked in months making it less attractive to prospective renters.


Asked on 12/04/01, 4:53 pm

1 Answer from Attorneys
Robert Trant Law Office of Robert R. Trant

Re: How can he expect me to pay, when I don't have the money.

The landlord can sue your daughter for the monthly rent until the apartment is re-rented. The landlord is under an obligation to attempt to re-rent the apartment and your daughter is liable for the months the apartment remains un-rented and additionally, if he rents the apartment for less than 1,600 she would be liable for the difference for the remainder of the lease. The landlord can not sit back and not make reasonable efforts to re-rent and then try to sue your daughter for the remaining months left on the lease.

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Answered on 12/04/01, 5:10 pm


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