Legal Question in Real Estate Law in Massachusetts

Re: Rental

It depends. If the landlord was able to relet the apartment right away, and not lose any rent, there should be some flexibility on the part of the landlord. However, if it takes the landlord a period of time to relet, and he has to pay another commission, the answer would be different.

Depending upon the type of landlord (e.g. person just renting one apartment, versus someone whose business is owning and renting real estate), your niece may have other options, including under the Consumer Protection Act, Ch. 93A (which does provide for attorneys fees under limited circumstances). In addition, if there were any special preparations or modifications made to the apartment for your niece (beyond "renewing" the apartment after the last tenants), there may be other claims the landlord can make.

You should see what the lease provides for as a starting point. Unfortunately, this is more of a "small claims" matter which might not justify hiring an attorney. The exception might be if the apartment has been relet for the same amount of rent, and the landlord has suffered no damages, and there are no other contractual issues.

You might try contacting the legal clinics at Boston College Legal Assistance Bureau in Waltham www.bc.edu/schools/law/services/academic/programs/clinical/lab.html or Greater Boston Legal Services 617$371$1234, or the Mass Bar Association Referral Service www.massbar.org/public-and-community-services/need-a-lawyer.