Legal Question in Landlord & Tenant Law in Massachusetts

residential lease

in massachusetts, how can someone remove themselves from a lease without any future obligations?


Asked on 11/21/08, 3:07 pm

2 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: residential lease

The short answer is you may not. Breaking a written lease constitutes a breach of contract. The landlord is entitled to use your last month's rent payment and sue you for the full amount of the lease then remaining.

However, practically speaking, there are a number of defenses and other things you can raise either to (1) negotiate your way out of a lease, or (2) make sure you are protected.

You should look to make sure that you have a written lease. If you do not have a written lease, then you probably have a month-to-month tenancy at will, and you are only required to give your landlord one month's notice that you intend to terminate the tenancy.

Feel free to contact my office if you would like the assistance of an attorney. I would advise that you consult with one before you attempt to break the lease, to minimize your exposure.

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Answered on 11/21/08, 4:49 pm
Joseph Murray Joseph M. Murray, Esq.

Re: residential lease

You can retain an attorney to review the lease nd advise as to what grounds you may have to negotiate with the landlord for a written release from the lease.

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Answered on 11/21/08, 5:53 pm


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