Life happens. Job changes, family emergencies, or uninhabitable conditions might force you to break your lease. Here's what you need to know about your options in Massachusetts.
Legal Disclaimer
This guide provides general information, not legal advice. For your specific situation, consult with a tenant rights organization or attorney.
Understanding Your Lease
A lease is a binding legal contract. Breaking it early means you're not fulfilling your end of the agreement. However, both Massachusetts law and your specific lease terms affect your options.
First, check your lease for:
- Early termination clause — Some leases allow breaking with notice and a fee
- Subletting clause — Can you find a replacement tenant?
- Lease assignment clause — Can you transfer the lease to someone else?
- Any penalties specified
Legal Reasons to Break a Lease (No Penalty)
Massachusetts law allows you to break a lease without penalty in certain situations:
Protected Reasons
- Active Military Duty
Under the federal Servicemembers Civil Relief Act, military members can break a lease when called to active duty.
- Uninhabitable Conditions
If the landlord fails to maintain a habitable apartment (no heat, serious safety issues, pests), you may be able to terminate.
- Landlord Harassment or Privacy Violations
Landlords must provide proper notice before entry. Repeated violations or harassment may justify termination.
- Domestic Violence
Massachusetts law allows victims of domestic violence to break a lease with proper documentation.
- Age 62+ and Moving to Subsidized Housing
Massachusetts law (Ch. 186, Sec. 24) allows seniors to terminate with 30 days notice.
Potential Costs of Breaking a Lease
If you don't have a protected reason, breaking a lease can be expensive:
Potential Financial Impact
Landlord's Duty to Mitigate
Good news: Massachusetts law requires landlords to make reasonable efforts to re-rent your unit. They can't just sit back and bill you for the rest of your lease.
This means:
- Landlord must actively try to find a new tenant
- They must accept qualified applicants
- You're only liable for the time the unit is vacant (while they search)
- If they re-rent quickly, you owe less
Boston Advantage
Boston's tight rental market works in your favor. Landlords can often re-rent quickly, especially for September 1st leases. Your financial exposure may be limited.
Your Options
Option 1: Negotiate with Your Landlord
Start here. Many landlords will work with you, especially if:
- You give plenty of notice
- You help find a replacement tenant
- The rental market is strong
- You offer to pay a lease-break fee
Option 2: Sublet (If Allowed)
Check your lease. If subletting is allowed, you can find someone to take over your apartment temporarily. You remain on the lease and responsible if they don't pay.
Option 3: Lease Assignment
A lease assignment transfers your lease entirely to a new tenant. The landlord must approve them, but this gets you completely off the hook. Better than subletting if available.
Option 4: Find a Replacement Tenant
Even if your lease doesn't allow subletting, you can help your landlord find a new tenant. Post the listing, show the apartment, and screen applicants. Landlords often appreciate this.
Option 5: Pay to Break
If your lease has an early termination clause, use it. Typical fees are 1-2 months rent. Expensive, but less than remaining rent.
Step-by-Step Process
- 1Review your lease
Check early termination, subletting, and assignment clauses.
- 2Give written notice
Notify your landlord in writing. Be professional. Explain your situation.
- 3Propose a solution
Offer to help find a replacement, pay a fee, or sublet.
- 4Get any agreement in writing
If the landlord agrees to terms, document it.
- 5Help re-rent the unit
Post listings, show the apartment, refer qualified tenants.
- 6Document everything
Keep records of landlord's efforts (or lack thereof) to re-rent.
Breaking Due to Uninhabitable Conditions
If your landlord has failed to maintain a livable apartment, you may have grounds to break without penalty. But you need to follow procedure:
- Document the problems (photos, dates, temperatures)
- Notify the landlord in writing
- Give reasonable time to fix (except emergencies)
- File a complaint with Inspectional Services if not fixed
- Consult with a tenant rights organization before terminating
Get Legal Advice First
Breaking a lease due to habitability issues can backfire if done incorrectly. Contact City Life / Vida Urbana at (617) 227-4878 or Greater Boston Legal Services before taking action.
Resources
- City Life / Vida Urbana — (617) 227-4878 — Free tenant assistance
- Greater Boston Legal Services — Free legal help for qualifying tenants
- Mass Legal Help — masslegalhelp.org