Legal Question in Landlord & Tenant Law in Massachusetts

I have a tenant that has lived in our rental for 3 months, He has a lease for 1 year and is leaving this week. He broke the lease. Can we keep his security deposit, since taking him to court isnt happening. Can I tell him we will keep security despost in leu of the rest of the years rent. Is that legal


Asked on 5/18/11, 2:58 pm

3 Answers from Attorneys

You can have him enter into a termination of lease agreement which says that he releases his security deposit in exchange for terminating the lease, provided he is out by X date and there is no damage to the property beyond normal wear and tear.

If he leaves and does not pay the rent, you can send him a letter forfeiting the deposit including the interest and then sue him for the balance of the rent.

The first deal is better for both of you.

Read more
Answered on 5/18/11, 3:54 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

I agree with attorney Roth that a stipulated agreement releasing both of you from further liability is preferable. That being said, you may not find your tenant to be cooperative. In that event, you have the right to retain his last month's rent, security deposit, and bring a small claims or district court case against him for the entire remainder of the lease.

Read more
Answered on 5/19/11, 6:08 am
Christopher Vaughn-Martel Charles River Law Partners, LLC

I agree with attorney Roth that a stipulated agreement releasing both of you from further liability is preferable. That being said, you may not find your tenant to be cooperative. In that event, you have the right to retain his last month's rent, security deposit, and bring a small claims or district court case against him for the entire remainder of the lease.

Read more
Answered on 5/19/11, 6:08 am


Related Questions & Answers

More Landlord & Tenants questions and answers in Massachusetts