Legal Question in Real Estate Law in Massachusetts

I told my landlord I wanted to break my lease and leave three months before it ended. She told me id be responsible for the rent through the end of the lease, as well as advertising, lawyer fees and any damage. My roommate posted my room on craigslist with a move-in date as "hopefully ASAP" even though I said I wanted to leave two months from now. Can my landlord charge me rent even after someone else moves in? If my roommate is posting my room on craigslist (for free) can I be charged for ads?

Asked on 4/09/14, 7:43 am

1 Answer from Attorneys

If you find a new tenant, you will need the landlord's consent to substitute the new Tenant for you. She has an obligation to mitigate her losses if you leave early, so she needs a substantive reason to reject the new tenant. She can only charge you the reasonable cost for doinig a credit check et cetera and if she has an attorney draft something to allow the substitution, she can have that reimbursement as well. Ask to see the invoices for the charges. The new Tenant will have to undertake all the same responsibilites as you and your roomate have.

If you get a tenant before she advertises for a new tenant inform her and then she cannot charge for advertising. However, usually Landlords in this situation say you need to find a new roommate not her.

Good Luck

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Answered on 4/09/14, 9:09 am

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