Legal Question in Real Estate Law in Massachusetts

Hi,

I signed a standard fixed term lease (Greater Boston Real Estate Board - available here: www.athomere.com/pdf/ApartmentLease.pdf) on August 1 with the following listed under additional provisions:

"Lessee may terminate lease given 30 days written notice."

I was supposed to have a visitor stay with me for 3 months, something my landlord agreed to when the lease was signed, and roughly 3 days before the visitor's arrival, my landlord informed me that he would no longer allow this person to stay with me.

I was forced to move out and find a new apartment and I sent my landlord, by registered mail (on 11/27/2010), written notice that I wished to terminate my lease by the end of December; I have not heard confirmation from him about this, although I have an official receipt. Furthermore, I have a roommate who is currently living there until the end of the month, who is not on the lease -- the landlord, however, knew he was living there and that he was not on the lease.

Throughout the months I lived in that apartment I suffered much verbal abuse from my landlord and when he heard I was moving out he threatened to "fuck me". He also repeatedly indicated that he expects me to continue paying rent for the length of the lease and has threatened me with litigation, although I don't know whether he will follow through. (He had previously threatened litigation when I had a friend visit for a single night while traveling, which seems unreasonable).

I would like to find out what my legal responsibilities are concerning my lease. I am worried in particular about clause 25 - Lessee's covenants in the event of termination. Also, any advice on how to take care of these responsibilities would be helpful. (Also, I am worried about recovering my security deposit - it seems very unlikely he will take any initiative in returning it!)

Thanks.


Asked on 12/15/10, 7:58 am

2 Answers from Attorneys

Without reading the lease no one can advise you on your obligations. If the clause says you may terminate on 30 days notice, then the lease is terminated. The additional obligations once you terminate are the issue.

Depending upon what obligations continue upon termination will be real issue here.

The Security deposit you can expect the landlord to make as many claims against it as he can. I would suggest you have an attorney review the lease and explain your obligations.

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Answered on 12/20/10, 8:05 am
Joseph Murray Joseph M. Murray, Esq.

Retain an attorney to review the actual lease you signed and a chronology of all relevant facts to accurately advise you as to your rights in this matter. Good Luck!

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Answered on 12/21/10, 1:38 pm


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