My mother owns the house and the tenant lost her job. The tenant wants to break the lease because she can't afford to pay the rent. What is the tenant/landlord rights on this in Massachusetts? The lease ends in May/June I think.
2007-02-06 10:27:11 · 6 answers · asked by Rommie 7 in Business & Finance ➔ Renting & Real Estate
If the tenant has lost her source of income, refusing to work with her will only lead to eviction and hard feelings. If she doesn't have the money, being hard-nosed about it isn't going to change her situation or your bank balance.
Verify that she isn't working - she should have some proof of the termination. Have her agree that you can market to find replacement tenants, and let her off the hook with forfeiture of deposit or actual damages (the lesser of the two) unless your lease or state law specifies something different. Enlist her cooperation to help with showing and spreading the word the place is available to rent. Make her your ally instead of your adversary. You'll both come out better for the effort.
If her dilemma is legitimate - how good are you going to feel about yourself if you kick her while she's down? Help yourself (and her) by trying to get someone in the unit who is able to pay you.
2007-02-06 17:51:20 · answer #1 · answered by njc_flhtc 4 · 1⤊ 0⤋
well, I can't answer your question directly, but what other option do you have? Why don't you look for another tenant right away? Honestly, if she doesn't have a job, she won't be paying, and it's HARD to evict someone (i.e. not to anyone's benefit)...if she's ready to go, post it for a new tenant and start showing it.
You may be able to come to an agreement that if you are able to find a replacement tenant prior to May or June she won't owe you for those months (I think that's the law in MY state anyway), but that she'll owe you for any months the apartment remains empty.
2007-02-06 10:36:36 · answer #2 · answered by singingsoprano 2 · 0⤊ 0⤋
If the tenant want to move out, that is good for you. Please be sympathy for them.
Even if the tenant stay there and don't pay the rent, you can't anything either. In this case, if you take them into the courthouse, you will lose your case and the judge will let the tenant stay there without paying rent for up to 6 months.
2007-02-06 10:39:05 · answer #3 · answered by Henry 4 · 0⤊ 1⤋
In MA I would think laws favor the tenant... liberal leaning state, gotta help the downtrodden & whatnot. I am almost certain the tenant must forfeit their security deposit through. That is a standard I have been told by my landlords in PA, NY and CT.
2007-02-06 10:37:08 · answer #4 · answered by Dubberino 3 · 0⤊ 0⤋
it cant be broken unless both agree and have written proof that the one who wants to break it has permission from the other person, if i was the landlord id let them and try get someone in fast, depending on why the job was lost, but allow them-if they have children def. and if the landlords dont allow it they wont get money and will hurt someones credit and life-possibly
2007-02-06 10:38:27 · answer #5 · answered by Britanie 3 · 0⤊ 0⤋
Let her out of the lease. If you don't, there will be a bigger problem down the line (ie, eviction process).
At least if you let her out now, you can get a renter and charge market value (higher than what your current renter is paying).
2007-02-06 10:40:07 · answer #6 · answered by Anonymous · 2⤊ 0⤋