Legal Question in Real Estate Law in Massachusetts

Re: Signing a second lease

You must if the landlord remains firm on that point, yes.

Your prior history doesn't entitle you to stay tenant-at-will

for as long as you like!

However, should you choose not to, he and you will probably

both know that the eviction process (especially if you are

paying rent) is pretty slow, tedious, stressful and

time-consuming. When rents are being paid and there is

no reason for eviction, a judge can of his or her own accord

extend a tenant's stay for 6 months (paying rent).

There are numerous defenses to eviction and ways to

prevent landlords from evicting you also, though the

facts of your situation would govern which of those are

available to you; however, landlords know that a tenacious

tenant is a fierce adversary.

On another hand, what's wrong with signing the lease?

It protects both parties, and it might protect you more

than the landlord! Unless you're sure of when you are

leaving, maybe you should sign it. Know that if you do

leave before the end of the lease, a) landlord is required

to "mitigate damages" -- to try like heck to get someone

else in to replace you and reduce your rent obligation to

the landlord by the amount they pay, and b) landlords rarely

find it worthwhile (or even feasible) to chase tenants for

back rent, esp. if the tenant doesn't leave any traceable

clues where s/he moved to. However, I really don't advise

you to sign a lease you're not likely to adhere to. I'm only

suggesting that if something comes up, you might have some

outs to ease the penalties; you'll still inevitably lose some

money by early termination of the lease!

Suggestion: level with landlord about your reservations.

Suggestion #2: ask yourself how likely it is that you'll

leave in the middle of this your fifth or sixth year!

Call or write me directly if you have more questions or

more facts to tell me. (617) 527-0050 ; [email protected]