Legal Question in Real Estate Law in Massachusetts

Want to move Lease has not been signed

I have been living in a rental house for one month. A better place has just opened up and now I want to move. I have not signed a lease but said I would. I have told the owner to keep my security deposit as well as my last months rent so that she has 60 days to find a new tenant. I am also putting up signs to help find a new tenant. Outside of being a jerk, can I legally move.


Asked on 9/04/00, 2:25 pm

1 Answer from Attorneys

Re: Want to move Lease has not been signed

Sorry, I just got this message.

You shouldn't even be giving as much $$$ as you are, within your rights. Landlord must try to replace you, advertising or whatever right away and start showing, and you should not have to pay for one day in which someone else is paying rent, though you could be potentially liable for the expense of advertising (and even that's not likely). Without a lease, you are practically speaking not under any enforceable legal obligation to stay. Without a lease, you normally have to give a month's notice (notice by a future rent due date minus 30 days!) and are responsible for the rent up to that rent due date, which means you apply last month's rent there. Security deposit is yours, period; I'm not sure on this but I don't think you are are bound by your agreement to let the landlord keep it. Normally a landlord must return the sec. depo within 30 days AFTER you leave (less damage to the apartment beyond normal wear and tear) or else pays 3 times the deposit, but this is a different circumstance. Still, contact me if the landlord has found someone to replace you as soon as you leave so that no rent has been lost.

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Answered on 10/05/00, 12:13 pm


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