If you need to move before your rental term ends, you may terminate your agreement without having to pay a penalty. In Massachusetts, if your landlord has violated any of the rental agreement terms or failed to make necessary repairs, you may be able to avoid paying any early termination fees. Additionally, if you are a domestic violence victim or military member and must relocate, you can terminate your lease without any financial repercussions.
Can You Break a Lease in Massachusetts?
In Massachusetts, you might not face significant legal repercussions for ending a lease early; however, there could still be financial consequences. Generally, you’ll need to pay a fee corresponding to one or two months of rent when you break your lease.
A lease is an agreement between a tenant and a landlord that states the terms of renting a property. The tenant agrees to pay rent for a certain time and abide by other rules and regulations outlined in the lease. If the tenant does not fulfill their obligations, they must pay a penalty, usually one or two months of rent, for breaking the lease.
Tenants’ Rights When Breaking a Lease
In Massachusetts, if you need to break your lease, there are a few ways you can do it legally without having to pay a major penalty:
- You can provide proof that the rental unit is not fit for you to live in, including anything from major mold or pest problems to the landlord not providing necessary repairs.
- You can prove that the landlord broke the lease agreement due to not providing the necessary services or not following the law.
- You can also break the lease if you are a military member and are being deployed or reassigned.
Meanwhile, if you neglect to pay your rent in Massachusetts, your landlord will provide you with a 14-day notice to either pay the outstanding amount or vacate the premises. If you don’t comply with the notice, your landlord may start eviction. Even if you leave before the end of the lease, you are still responsible for paying rent for the full duration of the agreement.
What Happens After Breaking a Lease in Massachusetts
If you decide that breaking your lease is the best option, it is important to read your rental agreement carefully. Depending on how your lease is written, there may be certain legal requirements to break your lease in Massachusetts. You should ensure you fulfill any obligations you agreed to in the lease and be aware of any fees or penalties you may incur.
After that, you should give your landlord written notice of your intention to terminate your lease. This notice should be sent to your landlord with enough time for them to find a new tenant. Follow the rules outlined in your rental agreement to avoid being responsible for unpaid rent until the landlord finds a new tenant.
Massachusetts law requires landlords to minimize any losses caused by the tenant breaking the lease. This means that your landlord must accept a new tenant of equal quality if you can find one, and they cannot demand payment of the remaining rent.
If you cannot find someone to take over the lease, you should check if your lease has any clauses that allow you to terminate the agreement early. Even if the state law does not allow you to prematurely end the lease due to medical reasons or job relocation, your particular lease might contain this option. If not, it is always worth contacting your landlord as soon as possible to try and negotiate a solution.
Conclusion
Breaking a lease in Massachusetts can be a complicated situation due to the state’s strict tenant laws. Tenants may be liable for all or part of the rent due for the remainder of the lease period if they break it without proper notice or a valid legal reason. Therefore, tenants must understand their rights and responsibilities before breaking a lease agreement in Massachusetts.
MacLean Law Firm LLC is your dependable legal counsel. We provide professional legal services in Southeastern Massachusetts and the greater Boston Area for 30 years and counting, working to protect you and your loved ones. If you need legal assistance with leasing contracts in East Bridgewater, we can help. Get in touch with us today and let’s talk.
