What form should tenant sign in MASS for early lease termination?
Hi, I am a new landlord in Massachusetts. My tenants signed a 1 year lease and after 2 weeks want to move out because of some family reasons. I am OK with it if they pay till I get new tenants. Is there any form/document they should sign for me before I start looking for new tenants? Can it have an open move out date, saying that last date depends on move in date for new tenants?
Appreciate your help.
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We have a lease break document that outlines terms of the lease break. You can have an attorney draft it, but these are the basic terms:
- State availability date that the current tenant will vacate. In other words, you want them to agree in writing they will be out by X date.
- Tenant pays monthly rent up until new tenant takes occupancy. If new tenant takes occupancy part way through a month, the remainder of the months prorated rent is returned to the tenant.
- Tenant agrees to keep all utilities operational and pay for service until a new tenant takes occupancy.
- Tenant agrees to keep the property at a reasonable temperature, leave water connected and leave refrigerator on / cooling.
- Tenant pays 1 months rent as a releasing fee. This covers expense of finding a new tenant.
- This agreement will cancel the lease agreement signed on X date after above criteria are met.
Another option is just doing a clean break with the tenant. Have them pay 2-3 months rent as a cancellation fee and be done with it. This can be easier than expecting them to pay rent every month. You risk having tenants disappear. Realistically you should have a new tenant placed in less than a month, so 2-3 months rent should put you break even or ahead.