Legal Question in Real Estate Law in Massachusetts

My son and girlfriend of 2 years recently split up ... before the break both had signed a 12 month apt. rental lease. The relationship soured and the now former girlfriend is "sour grapes" over the situation. She never paid anything towards the rent from day one and has since relocated out of state yet left the majority of her furninshings behind in the apt. She is now refusing to remove herself from the rental lease until my son physically sends or takes (at his expense) her household goods from the unit and to deliver to her mother's home located in yet another state. My son who has diligently paid the rent from day one despite the hardship to do this (he's a "starving" college student) is wondering what he can do to get out of this horrible messy situation. Is it wise for him to go to small claims with this matter? Can he dispose of her household goods by donating to charity or sell the goods in lieu of her negligence to pay any monies towards his ongoing rent? When are goods considered "abandoned" in a siutation as described? My son can not break lease nor sublet with her name on the contract. Is threatening to take the matter to small claims court advisable and would the outcome in your legal opinion be in my son's favor should we go this route?


Asked on 12/23/09, 6:37 am

1 Answer from Attorneys

Your son can sue her in either small claims or housing court for failure to pay rent. He cannot give away her things. She is not entitled to him to pay for sending her things. I am not sure what household goods consist of in this case. If it is furniture and requires a mover to move them, I would suggest your son inform her that he will arrange for their shipment if she pays the mover.

Otherwise, I would sue her in housing court and ask that her things be put in storage and that he get a judgment for his costs, including the cost of putting her things in a bonded storage warehouse.

Good Luck

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Answered on 12/28/09, 7:44 am


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