Legal Question in Real Estate Law in Massachusetts
What are my rights if I want to break a lease?
Hi,
My landlord just renewed our lease in October 1999, but not before raising our rent 25%. We did not want to sign, but did anyway and told our landlord we were not happy with the increase and would be looking (he agreed to a month notice verbally). We have found a new place and are going through the approval process for a 2/1 move-in date, and now our landlord is telling us he won't be able to rent the apartment and we'll be responsible for the rent. The apartment is in need of repairs, needs plumbing repairs, there is little/or no insullation and I'm not even sure if our apartment is legal (the dwelling is listed as a 2-floor dwelling and we are in the dutch flat on the 3rd floor).
What are my rights?
thank you!
3 Answers from Attorneys
Re: What are my rights if I want to break a lease?
What's happening on this case?
I'm [email protected] if you want to reply.
Re: What are my rights if I want to break a lease?
The landlord should be wondering what his rights are ... and with a lawyer (like me!) telling him (or his lawyer), they might find out that their rights are limited. Many think they can (and some actually do!) collect all the rent for the rest of the lease term whether you're there or not.
I JUST 'solved' a case quite like yours -- tenant moved in September and wanted out by Feb 1; landlord demanded payment of 4 more months of rent or else threatened to go to court to collect the balance of rent all the way up to September. After a few explanations from me and a couple of days to think it over, the landlord has offered to let my client leave by forfeiting one month of rent (the withheld last month's rent); my client and I are still discussing whether that's a good enough offer.
Your case has some elements that make your point of view even stronger. But there may be other factors to consider as well. I (or a local landlord/tenant law attorney) would want to discuss your particulars with you -- and possibly be hired! -- before giving you an opinion on your case.
My telephone number is (617) 527-0050 and I live in Newton. If you're very far from there (over an hour's drive), let me know where you are and I can see if I can find you an attorney closer to you to help you.
Re: What are my rights if I want to break a lease?
It is very difficult to discuss your rights without a full interview. However, if there are repairs that are needed and not being done, call the local Board of Health. If there is a zoning violation, call the Board of Health.
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