Legal Question in Real Estate Law in Massachusetts

Re: Do I owe this tenant his last month's rent?

For the most part, I disagree with the responses you got from the other attorneys. (Sorry, guys! They are friends, too.)

I suspect you are fully entitled to keep his last month's rent.

Please fax or mail to me a copy of the lease itself. If you have a copy of their initial payment (in particular for the last month rent), or any receipt you gave for it, please send that also. As icing on the cake, tell me in e-mail or by a note what efforts if any you took to fill the apartment after the tenant's departure and how much you spent on ads or rental agent fees if any.

Do you know where (city & state) the tenant has moved to?

I have some comments and explanations of the law but I'd rather see the lease first.

My fax number is (617)527-1763 and my mailing address is 21 Walter St., Newton, MA 02459.

Re: Do I owe this tenant his last month's rent?

Re: Do I owe this tenant his last month's rent?

I suspect you are fully entitled to keep his last month's rent.

Please fax or mail to me a copy of the lease itself. If you have a copy of their initial payment (in particular for the last month rent), or any receipt you gave for it, please send that also. As icing on the cake, tell me in e-mail

to [email protected]

or by a note what efforts if any you took to fill the apartment after the tenant's departure and how much you spent on ads or rental agent fees if any.

Do you know where (city & state) the tenant has moved to?

I have some comments and explanations of the law but I'd rather see the lease first.

My fax number is (617)527-1763 and my mailing address is 21 Walter St., Newton, MA 02459.

Re: Do I owe this tenant his last month's rent?

Give him back his rent for the last month. He paid that on 4/15, right??

If you bought the lease form at Staples, then you probably are not a professional landlord.. In Massachusetts, a landlord is expected to do a number of things, for example, you did put his security deposit into an interest bearing account, and you did pay him the interest annually, right? If not, you have violated the law, and could be subjected to treble damages and paying his attorney's fees. Attorney fees could be several thousand dollars. If you are familiar with all of the laws of being a landlord, and you are sure you did everything by the book, and you have an attorney on retainer to deal with just these kind of things, then consult him or her (sorry to be so blunt, but this is reality in Massachusetts -- where the laws are friendly to the tenant, and not the landlord).

Aside from your options in the law, consider the right and decent thing to do. I think you will conclude that you have an extra month's rent payment, and you will know that you should give it back.

If you are considering keeping the money, consult an attorney to determine exactly what exposure you may have in the event the tenant files a lawsuit against you.

Re: Do I owe this tenant his last month's rent?

I agree with attorney Wiliams, from the facts I have been given, it seems like you may be entitled to keep the last months rent.

you may even have a cause of action for additional rent which you lost. I would need to see the lease and get more facts to be certain however.

YOU DO HAVE A DUTY TO MITIGATE DAMAGES.

I also agree with attorney Workman. The laws are very slanted toward the tenant in Massachusetts.

You should have a attorney draft your "form lease" not Staples. The fee is inexpensive ( about $200.00) considering the potential liability.

The money you save could be your own in the long run.

I also agree with attorney Pransky. If you are in the North Shore area and would like to discuss this matter further feel free to call (978) 465-5158

I offer a free initial consultation.

Re: Do I owe this tenant his last month's rent?

You have a duty to mitigate damages. If you tried to find a new tenant and could not then you can keep the last month rent. However, if the last month rent is actually a security deposit, you will have additional steps that you must follow.