Investor · Quincy, MA · Member since 2013 · 77 posts · 11 votes
My current tenant is breaking the lease 3 months early. I've agreed to charge him half month's rent to break the lease and I want it paid independently of the security deposit. He's refusing to do so and wants me to use half the security deposit to break the lease (He's bitter that I'm doing a walk-through of the apartment to assess damages after he moves out instead of with him before he vacates the property).
This is the response I got from him when I told him I'd be sending a payment request through Cozy for half months' rent..."I've already sought out legal advice and they tell me your previous communications are sufficient to break the lease without me needing an official lease break document. Again, you're not getting another dime from me. I expect the refund in 30 days or I'll see you in small claims." Seems like a bluff, but is a text message saying that I'm allowing him to break the lease sufficient, or does an actual legal document need to be signed?
Rental Property Investor · South shore, MA · Member since 2017 · 1k+ posts · 1k+ votes
7y
When it comes to security deposits, it’s not something you want to mess around with. Especially in MA. Your best bet is to just let him break the lease, and then assess the damages, and subtract from the security deposit if needed. Both the landlord and the tenant have to abide by the lease. What did it say about breaking the lease?
Investor · Quincy, MA · Member since 2013 · 77 posts · 11 votes
7y
@Brian Ellis Unfortunately I didn't clearly state the amount that would be due in the event of early termination (this was my first tenant and I'm learning a lot after this one!). This was the clause in the lease regarding termination:
In case of any termination of this Lease or termination of the Resident’s right to occupy under this lease, by
reason of default of Resident or non-payment by Resident, Resident will indemnify Landlord from and against
any loss and damage sustained by reason of any termination caused by the default of, or the breach by, Resident.
Landlord’s damages shall include, but shall not be limited to, any loss of rents, accrued but unpaid prior to
termination; all costs and expenses reasonably incurred by the Landlord to restore the Premises to the same
condition as they were at the beginning of the Lease, including cleaning and painting (reasonable wear and tear
excepted); any costs reasonably incurred to advertise and relocate a new Resident, including broker's fees;
moving, storage charges, or any other expenses, fees, or costs allowed by law, incurred by Landlord in moving
Resident’s belongings pursuant to any legal proceedings and as allowed by the court.
Rental Property Investor · South shore, MA · Member since 2017 · 1k+ posts · 1k+ votes
7y
I am not an atty, so definitely consult one who specializes in RE if you want to pursue. It does mention tenant responsible for loss of rent due to a lease breach, and responsible for any damages. But I think anybody will tell you to just let it go, and assess the damage after they move out. The law in MA is in the tenants favor. It would be more costly to you to go to court over half a months rent. If they move without a hassle that’s a win, otherwise this tenant could milk you for 6 months in free rent.