Legal Question in Real Estate Law in Massachusetts

lease breaking rights as tenant at will

I have a friend who has rented the same apt. for about 10 years. He was under the impression that he became a tenant-at-will after 2 years and would be able to give the landlord 30 day notice if he wanted to break the lease. In the interim, new management has taken over the complex where his rent is based on 30% of his income. He was asked to sign a new lease at the renewal date of his lease. He would like to relocate but has been told that if he breaks his lease that he will have to pay rent until the apartment is rented out. Is this true?


Asked on 1/23/03, 11:53 am

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

Re: lease breaking rights as tenant at will

If there is a lease, you should review the lease to see if there are any clauses allowing for early termination. If there are not, the tenant would be liable to the landlord for the rent covering the amount of months the unit is vacant (or the end of the lease, if shorter time) and if the landlord rents for less money, the difference in rent for the remainder of the lease. The landlord must use reasonable efforts to re-rent the unit. The landlord cannot simply sit back and do nothing. The tenant can also assist in the process to find a replacement. The tenant should keep track of any efforts made to assist the landlord in re-renting the apartment in the event the landlord does nothing and tries to claim he/she could not re-rent. Often times, a landlord and tenant will agree to terminate the lease if the tenant provides enough notice and the landlord can re-rent. If an agreement is reached, both parties should draft an agreement stating the lease has been terminated.

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Answered on 1/23/03, 1:13 pm


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