Legal Question in Real Estate Law in Massachusetts

Roomate moved out and broke lease and wants my new roommate to pay him for it

I have a dilema about my former roommate. We both signed a lease in February of this year and it the lease ends in Feb 06. We had to pay 1st, last and security which we did. He had moved out in September of this year and a new roommate moved in his place. The roommate who had moved out wants the new roommate to pay him for his security deposit. Wouldn't the ex roommate loose his security deposit because he had broken his lease? Would the security deposit situation be handled by the landlord?


Asked on 12/23/05, 10:43 am

1 Answer from Attorneys
John Postl Burkinshaw Law Offices, P.C.

Re: Roomate moved out and broke lease and wants my new roommate to pay him for it

The lease is a contract among you and your roomate and your landlord. Legally, the new roomate is a "subtenant" of the old roomate. The old roomate is correct that if the new roomate is stepping into his shoes, he should have to assume the obligations of paying the security deposit. Technically, the new roomate should pay the landlord, who should pay the old roomate, but it would be simpler for the new roomate to pay the old roomate. The old roomate has not technically violated the lease if everyone agreed that the new roomate could take his place. It really wouldn't be fair to let the new roomate move in for free.

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Answered on 12/23/05, 11:18 am


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