When you sign a lease for an apartment or rental unit in Massachusetts, you most likely intend to live there for the duration of the lease, typically for one year. But you might find yourself in a situation where, despite your best intentions, you may want or need to leave before your lease is up. By breaking a lease in Massachusetts, you could expose yourself to penalty fees and legal trouble if you don’t have a valid reason to do so. You have the financial liability to pay your rent or face legal consequences.
However, there are several valid legal reasons to break a lease in Massachusetts and mitigate damages. Breaking a commercial lease in Massachusetts is different than a residential one. In this guide, we will cover ways for legally breaking a lease in Massachusetts to avoid any fees or legal issues.
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Massachusetts Lease Laws – Tenant Rights & Responsibilities When Signing a Lease in Massachusetts
When you sign a lease in Massachusetts, you are obligating both yourself and your landlord for a set period, usually a year, to adhere to the conditions of the lease. No one goes into a contract thinking breaking a lease in Massachusetts is a possibility.
Pre-payment for your lease can only include the first and last month’s rent, one month’s security deposit, and the purchase and installation costs for a lock and keys. The security deposit cannot be greater than the first month’s rent. It can be deducted for unpaid rents or reasonable damage repair fees.
Your Rights as a Tenant in Massachusetts
As a tenant in Massachusetts, your rights include:
- A habitable dwelling, meaning the premises must be free from serious health and safety hazards.
- Withholding rent if your landlord fails to maintain habitability, if you provide proper notice of any issues
- Your landlord cannot raise your rent or change any of the terms of the agreement until the lease runs out.
- Your landlord cannot force you to move out before the lease ends unless the agreement has an early termination clause or you have violated the terms of the agreement.
- Rent is generally due on the first of each month unless otherwise specified in the lease. Your landlord cannot charge a late fee until rent is 30 days past due.
- If you fail to pay rent, your landlord must give you 14 days’ notice (unless stated otherwise in the lease) to pay the rent or leave.
- Your landlord must return your security deposit within 30 days after the end of the tenancy, minus any money withheld for damage you caused.
- Your landlord cannot enter your rental unit without a valid reason and proper notice prior to entering.
- You are typically responsible for setting up and paying for utilities, unless stipulated otherwise in the lease.
- Your landlord cannot remove or shut off the utilities except during a repair or for emergencies.
- You have the right to break your lease without penalty if you have a valid reason and give proper notice.
- Your landlord cannot retaliate against you for exercising your legal rights, including reporting code violations.
- Per the Massachusetts Fair Housing law, your landlord can’t discriminate against you based on race, religion, national origin, age, ancestry, military background or service, sex, sexual preference, marital status, blindness, deafness, or children.
Your Responsibilities as a Tenant in Massachusetts
As a tenant in Massachusetts, you must comply with several requirements. Your key responsibilities include:
- Paying rent on time.
- Not disturbing neighbors or other tenants.
- Making small repairs and maintenance jobs when needed.
- Keeping the leased property in good condition.
What Is the Penalty for Breaking a Lease in Massachusetts?
As a tenant in Massachusetts, you can break your rental agreement if you meet one of the requirements listed below. If you break your lease without meeting any of the following requirements, you may be required to pay a penalty fee for any of the “damages” caused to the landlord. This may include:
- Paying rent until the lease ends or the landlord re-rents the unit
- Having all or part of your security deposit withheld by your landlord to cover unpaid rent or damages
- Impacting your credit score due to unpaid rent or lease-breaking penalties reported to credit agencies.
Invalid Reasons to Break a Lease in Massachusetts Include:
- Financial hardship
- Job relocation
- Moving to attend school
- Finding a better place
- Getting married or divorced
- Moving closer to family or friends
- Losing a roommate
Valid Reasons to Break Your Lease in Massachusetts
This section covers justifiable reasons for breaking a lease in Massachusetts without incurring penalties or paying fees. You might be able to legally move out before your lease term ends if you find yourself in one of the following situations:
You Are Starting Active Military Duty
If you are called into active military service after signing your lease, you have a right for breaking a lease in Massachusetts under federal law. This is part of the Servicemembers Civil Relief Act. You must prove, however, that you did not know you would be called into active duty before you signed the lease, or you will have to fulfill the financial responsibility.
To qualify, you must be part of the armed forces (Army, Navy, Air Force, Marines), commissioned corps of the National Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, or a member of the activated National Guard.
You must give your landlord written notice of your intent to terminate your lease for military reasons as well as a copy of your deployment or relocation orders. You must also prove that you will remain on active duty for at least 90 days. After you have delivered your notice, you can terminate your lease 30 days after the next rent payment is due without penalty.
Early Termination Clause
Breaking a lease in Massachusetts is easy if it contains an early termination clause. You can typically break your lease as long as you meet the requirements set in the agreement without going through anymore legal procedures. These typically include paying a fee and losing some or all of your security deposit. Your landlord may be willing to negotiate with you, allowing you to terminate your agreement for a reduced penalty or without paying penalties. However, this is one of the easiest ways to qualify for an early lease termination.
Your Rental Unit Is Unsafe or Violates Massachusetts Health or Safety Codes
Massachusetts state and local health and safety codes require that landlords maintain their rental properties in a livable condition before, during, and after renting their property, including meeting appropriate health standards.
You have the legal right to report all potential health and safety hazards to your landlord. These might include non-functioning appliances, no running hot and cold water, a leaky roof or broken windows that let water in, no heating, unaddressed pest infestation, plumbing or electrical problems, unsanitary common areas, and non-compliance with other health and safety codes.
Your landlord is at risk of violating the lease agreement if they fail to promptly remedy the situation or provide needed repairs. In general, your landlord must provide you with running water, hot water, a working kitchen with an operating stove and oven, a rental unit free of rodent, cockroach, or insect infestation, and functioning utilities and heat.
If your landlord fails to provide any of these things, you can present your argument in court and be deemed by the court as “constructively evicted”, meaning the housing provided by the landlord is in an unlivable condition. In such cases, you have no further responsibility for paying rent. This is an easy way for breaking a lease in Massachusetts.
You Are a Victim of Domestic Violence
Massachusetts state law prohibits your landlord from penalizing you for breaking a lease in Massachusetts if you are a victim of domestic violence, rape, sexual assault, stalking, or you have reasonable fears of imminent physical harm.
Tenants facing domestic violence must be able to provide proper legal notice and prove their claim to their landlord by providing a notice letter with an attached copy of a valid protection order, court record, or written verification from a qualified person that confirms their claim. You have 3 months from the date of the incident to request an early termination of the lease.
Your Landlord Harasses You and/or Violates Your Right to Privacy
Massachusetts state law does not specify how much notice your landlord is required to give you before entering your rental property, but they should, in good faith, give you at least 24 hours’ notice. If your landlord repeatedly violates your rights to privacy by entering your apartment unannounced or by removing windows or doors, turning off your utilities, or changing the locks, you can be justifiably considered constructively evicted. This means breaking a lease in Massachusetts may be allowed by the courts without further rent obligation.
Other forms of landlord harassment that may give you cause for breaking a lease in Massachusetts include your landlord refusing to accept your rent payments, sexually harassing you, physically or verbally threatening you, or discriminating against you based on race, religion, national origin, or gender.
Your Lease is Unenforceable or Voidable
Massachusetts provides you with options for breaking a lease in Massachusetts, without penalty, if the lease contains unenforceable clauses or provisions that make the lease voidable. Examples include signing a lease under duress or threat, signing the lease as a minor, or signing a lease for an illegal unit.
A unit is deemed illegal if it is used for residential purposes but is not registered with the proper authorities as required by Massachusetts law. These units typically don’t comply with legal requirements for housing, such as too-low ceilings, no address, no dedicated gas/electric meter, or improper electric systems.
If your lease is considered void or unenforceable, it is immediately terminated as if you never signed it, and you can vacate the premises immediately without penalty for breaking a lease in Massachusetts. This is an easy way for breaking a rental lease in Massachusetts. This can be difficult to prove without legal counsel. You can also request all your security deposit without having to find a replacement tenant or fulfill lease obligations. This is a landlord’s duty, and you won’t need to pay the remaining rent payments.
Additional Reasons
Need more reasons for breaking a lease in Massachusetts? Breaking a lease agreement in Massachusetts is allowed if one of the following conditions is present, according to Massachusetts landlord tenant laws:
- Your landlord repeatedly violates conditions of the lease agreement, such as they did not obtain written consent to come into the property.
- Your landlord is not providing reasonable accommodations for you if you have a disability that is qualified.
- Your landlord failed to provide the mandatory disclosures of known property defects before you signed the lease.
Minimize Early Termination Penalty
If you, as the tenant, break your lease early and don’t have a legal right to do a lease termination, there are some things you can do to minimize your exposure to financial penalties and legal issues. You should always provide your landlord with as much notice as possible, preferably 30 to 90 days.
Present your request for breaking a lease in Massachusetts in writing, explaining why you need to leave early. You can also offer a qualified new tenant with good credit and excellent references to your landlord. Finding a qualified replacement tenant is one of the easiest ways to have a rental lease broken without termination. Forfeiting your security deposit and offering to cover unpaid rent are other options.
More Information on Tenants’ Rights to Break a Lease in Massachusetts
- Overview of Landlord-Tenant Laws in Massachusetts
- Mass Gov Tenants Rights
- US Department of Housing and Urban Development
- Mass Legal Help, Housing, Apartments & Shelter
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