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Massachusetts Real Estate Q&A Discussion Forum

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Lisa Gorman
  • Accountant
  • Roslindale, MA
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MA eviction with lease - can you collect lost rent?

Lisa Gorman
  • Accountant
  • Roslindale, MA
Posted Aug 28 2016, 12:03

I have a tenant who is threatening to withhold next month's rent.  I won't go into the specific reasons as I believe they are unjustified.  The tenants are on a 1 year lease which started May 1, 2016.  

If they broke the lease/abandoned the property, I would be able to sue them for rent for the remaining lease term for the period I couldn't find replacement tenants (MA requirement that a landlord mitigate). 

If they withhold the rent, I will likely start the eviction process immediately.  

If I evict them, can I recover the unpaid rent for the month(s) they withheld AND the unpaid rent for any period the unit remained un-rented while I find new tenants?  I am nervous about evicting if I can't recoup at least some of the rent for the period the unit may remain un-rented.

Thank you.

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