Legal Question in Real Estate Law in Massachusetts

My tenant broke her lease (Greater Boston Real Estate Board-Standard Form Apartment Lease-Simplified Fixed Term) and vacated 9/30/13. Referencing paragraph 21. Damages: states "after deducting any brokerage commission or other reasonable cost which has to be paid in order to find a new Tenant and prepare the Apartment for the new Tenant..." My question is what is the definition of "prepare" the apartment for the new Tenant? And may I deduct these costs from the security deposit? Paragraph 19. Moving Out: states "The apartment and all facilities in the Apartment must be clean and sanitary and must be in a condition which conforms to the Tenant's repair and maintenance responsibilities under this Lease." The Tenant signed the lease and the repair and maintenance responsibilities (which includes cleaning and carpet cleaning when the apartment is vacated). I want to deduct the cost of cleaning from the security deposit. There will be no loss of rent as the new tenant(s) will move in the day after (10/1/13) the Tenant that broke the lease vacates the apartment. The apartment was not left clean and required professional cleaning and carpet cleaning to "prepare" the apartment for the new tenant. I need to know if the cost to "prepare" the apartment for the new tenant can be deducted from the security deposit? Thank you.


Asked on 10/01/13, 9:05 am

1 Answer from Attorneys

The cost of re-renting the apartment including advertising et cetera can be charged and deducted from the security deposit. If the premises remains unrented for a period of time for which the Tenant did not pay rent and was legally obligated to do so, then you can charge that against the security deposit.

Basically anything you cannot charge for cleaning or repair if the tenant had not broken the lease cannot be charged for now. However, if the place was left with debris and unclean (not sanitary) or stained carpets beyond normal wear and tear, those things can be charged for and deducted from the security deposit. Make sure you document conditions and get invoices for the things you are charging and deducting from the security deposit.

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Answered on 10/01/13, 9:52 am


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