Breaking a Lease in Plymouth, Massachusetts - Know the Laws

Tenants have certain rights and responsibilities when it comes to breaking a lease in Massachusetts such as completing their lease term. And as a landlord, it’s important that landlords familiarize themselves with their lease obligations in order to avoid potential tussles with their tenants.

The following article will cover the justified reasons and unjustified reasons for breaking a lease early.

Contractural Agreements in Massachusetts

In the state of Massachusetts, a lease agreement between a landlord and a tenant can be made either orally or through written text. The landlord and tenant's rights and responsibilities are contained under Chapter. 186 of the Massachusetts law.

When drafting a written lease, it’s important that the landlord makes it as clear and concise as possible. Also, make sure your tenants have understood it properly before agreeing to sign the lease. Among other terms, the landlord must let them know the consequences of breaking a lease early such as not receiving their security deposit.

In addition, let them know that they have a responsibility to notify the landlord before moving out. They cannot just wake up one day and leave prior to their lease term's end. In Massachusetts, tenants on a month to month lease must issue their landlord written notice at least 30 days prior to leaving, for instance as well as pay rent for their final month of occupancy. If the landlord fails to find the tenant, the tenant must pay penalty fees.

On your part, a landlord has a responsibility to find a replacement tenant to “mitigate damages” after a tenant breaks their lease early. Federal Massachusetts law informs landlords that you cannot just simply wait for when the lease expires and then take the tenant to court for failing to pay rent, or claim such security deposit. A landlord must take reasonable steps to re-rent the unit.

Finally, a comprehensive rental lease agreement should state whether or not it's the tenants' right to sublet the unit. If the landlord allows it, then you may want to let your tenants know of the requirements. For instance, your right to screen the sublet to gauge their suitability to live there.

If the landlord doesn't allow it, they have to make sure to state it clearly on the lease. The landlord may also want to emphasize that it’d be a serious violation of the lease in Massachusetts if the tenants do it anyway.

Unjustified Reasons for Breaking a Lease in Massachusetts

Generally speaking, the following reasons, on their own, are generally not enough for a landlord to release tenants from their lease obligations. As such, the tenant would not have any legal protection against penalties imposed by landlords for failing to honor the lease.

• The tenant bought a house.
• The tenant separated with their partner.
• The tenant needed to upgrade or downgrade.
• The tenant relocated to a new city for a new job.
• The tenant moved in with a new partner.

If a tenant terminates their lease in Massachusetts for the aforementioned reasons, they risk tangible financial and legal consequences.

After all, a lease agreement is a contractual agreement. If breaking the lease in Massachusetts is the only option the tenant has, their best option would be to seek a mutual agreement with the landlord and continue to pay rent for the last month.

It is the landlord's duty to find a new tenant for the rental unit before collecting the final rent payment from the previous tenant.

Justified Reasons for Breaking a Lease in Massachusetts

As a landlord in Massachusetts, knowing the justified reasons that a tenant can use to break the lease is important. The following are the reasons a tenant can use to break their lease early without a penalty.

Early Termination Clause

Have you included an early termination clause in your lease agreement? If you have, then that may give your tenant the legal justification to break their lease early. Usually, an early termination clause requires tenants to meet two conditions prior to moving out.

One of the conditions is to pay a penalty fee. The usual penalty fee tenants have to pay to a landlord is the equivalent of the rent of two months. The other condition has to do with the minimum notice requirement which is usually two months of rent.

Active Military Duty

A tenant who is an active service member is protected by the Servicemembers Civil Relief Act (SCRA) when duty calls and they need to change their station or have been deployed.

To end the lease in accordance with the act, the tenant must meet certain requirements to end the tenancy. One, they must provide landlords proof that they moved in prior to entering active duty. Two, they must provide landlords proof to show that they intend to be on active duty for more than ninety days. And three, they must provide landlords with a written notice which is accompanied by the deployment letters.

Once the tenant has met all these conditions, they must then wait at least 30 days after the next rent period in order for their lease in Massachusetts to terminate.

In the state of Massachusetts, the term service member refers to members belonging to the following military cadres.

• Armed forces.
• Activated National Guard.
• Commissioned corps of the Public Health Service.
• Commissioned corps of the National Oceanic and Atmospheric Administration.

Unit Is Not Habitable

Landlords have a responsibility to provide their tenants with a habitable unit as required by the lease. The following are some reasons that may make your unit uninhabitable.

• Pest infestation.
• Non-functional utilities such as gas, water, or electricity.
• Excessive dirt or fifth.

Tenants have an equal responsibility of ensuring they maintain their unit to the required habitability standards. The MA Gen. Law §111-127A is the piece of legislation that outlines the “implied warranty of habitability” in Massachusetts. Familiarize yourself with it if you haven’t.

Landlord Harassment

As a landlord, you have a responsibility to treat your tenants respectfully and fairly when you rent your unit to them. It’d be unlawful for you to do things like:

• Entering your tenant’s unit without providing them an advance notice as required by the lease.
• Removing their personal belongings from their unit as required by the lease.
• Locking them out.
• Shutting off their utilities which they have access to according to the lease.

Those are just some of the things that may be considered landlord harassment, so, as a landlord, you should be aware of them and how they might affect the lease to ensure you can be a good landlord.

Domestic Violence

Domestic violence victims in Massachusetts have special rental provisions regarding their lease. The landlord may want to check with local law enforcement regarding the state laws that may apply in a domestic violence situation and how they could affect the lease.

Bottom Line

Now you’re well-versed when it comes to breaking a lease in Massachusetts. If you have more questions, our team at Howzer Property Management can help you with your lease. Since our establishment 5 years ago, we’ve been able to grow our clients’ rental incomes and reduce their stress significantly. We can do the same for you, too!

This blog should not be used as a substitute for legal advice from a licensed attorney in your state. Laws change, and this post might not be updated at the time of your reading. Please contact us for any questions you have in regards to this content or any other aspect of your property management needs.