How to Break a Massachusetts Lease Without Any Expenses
When a tenant makes a rental agreement with a landlord, both parties are expected to keep the terms of the lease until the lease expires. In Massachusetts, breaking a lease is permitted if the reason for breaking the lease is under one of the qualifying reasons to do so.
Before breaking a lease in MA, it’s important to understand the legal reasons that allow a tenant to break a lease early, what happens if you break a lease, what possible penalties may arise, and how to break the lease properly. Here is DoNotPay's guide that comes with a solution for properly and easily breaking your lease in Massachusetts.
What Are a Tenant's Rights and Responsibilities When Taking on a Lease In Massachusetts?
As with other states, tenants and landlords in Massachusetts are required to follow the terms set in an agreed-upon lease. In Massachusetts, a lease is required for tenants that are staying on the rental property longer than one year. When a lease is made, the following information is required to be in the lease:
- Amount of security deposit
- Amount of rent
- The date when the lease was signed
- The expiration date of the lease
- Responsible party for repairs and utilities
Lease Termination Notice Requirements in Massachusetts
To break your lease in MA, you must follow Massachusetts’ lease termination notice requirements:
|Rent Payment||Notice Time||Statute|
|Week-to-week||No statute. Check your lease for more information.||No statute|
|Month-to-month||30 days||Mass. Gen. Laws Ann. ch. 186, § 12|
|Year-to-year||Typically, 3 months or the average pay interval||No statute|
When Breaking a Lease in Massachusetts Is Justified
The following are the four situations in which tenants in Massachusetts may be permitted to terminate their lease early:
Active Military Duty
If a tenant joins the military after signing a lease and gets deployed to another location, the tenant has the right to terminate their lease early. The tenant must also provide three pieces of the following information:
- Proof that the tenant will be in the military 90 days or longer
- Proof that the tenant applied to be in military service after signing the lease
- A written notice of breaking the lease with a copy of the deployment papers
When a tenant and/or one of their family members has been a victim of domestic violence, the tenant has the right to terminate the lease early. The tenant must send a notice to the landlord within 3 months of when the incident occurred or was reported. Along with a written notice for breaking the lease, the tenant must also show proof to the landlord that the tenant faced a domestic violence situation that was properly reported.
Harassment by Landlord
Another circumstance that allows a tenant to break a lease in Massachusetts is when the tenant is being harassed by the landlord. Harassment from a landlord can include any of the following five incidents:
- Changing locks
- Entering the rental property without notice
- Removing windows or doors
- Failing to accept or record payment properly
- Turning utilities off
A landlord is responsible for the upkeep of a rental property unless otherwise specified in a lease agreement. If the landlord fails to respond to repairs in a timely manner after receiving repair notices, then the tenant has the right to break their lease without penalty.
Early Termination Clause
One of the best ways to ensure that you can terminate your lease early is by adding an early termination clause before signing the lease agreement. This lets you know what to expect if you have to break your lease and helps you prepare for the fees that were agreed upon before signing the lease.
How to Break a Lease in Massachusetts on Your Own
In Massachusetts, if you want to break your lease due to an incident, as mentioned earlier, a 30-day notice is typically required for your landlord. Depending on the circumstances, you may not need to pay a penalty fee to avoid an eviction that can cause credit damage.
In order to terminate your lease early, you will need to give a written notice which states that you will move out 30 days after the last rent payment. If you want to break your lease but do not qualify for the reasons above, you may have to pay penalty fees as well as any other associated fees.
Breaking a lease may seem stressful and frustrating. It also requires getting notices out in an appropriate time and paying for extra fees that may arise. What if there was a way in which you could get a notice out in an easy and not confusing way? That's where DoNotPay comes in.
Break a Massachusetts Lease With the Help of DoNotPay
DoNotPay is the perfect solution when it comes to breaking a lease in Massachusetts. DoNotPay can help you form the proper notice, according to your situation, and send it on your behalf when you use the Break My Lease feature.
If you want to terminate your lease early but don't know where to start, DoNotPay has you covered in 3 easy steps:
- Search Break My Lease on DoNotPay.
- Prepare a signed copy of your lease that you can use as a reference, and enter the state the lease was signed in.
- Let us guide you through the 4 potential options.
Find out how DoNotPay will solve your MA lease problem in one of the following ways:
- If you're a uniformed service member breaking a lease to fulfill your service obligations, we'll send your landlord an SCRA Protection Letter.
- If you're breaking your lease for a reason protected by your state's tenant laws, we'll write your landlord a letter detailing your protections for breaking the lease under the relevant law.
- If your reasons for breaking your lease aren't protected by federal or state law, but you'd like to try to convince your landlord to let you break the lease through mutual agreement, we'll draft a hardship letter making your case to your landlord.
- If there are no remaining options for breaking the lease with protection, but your state requires landlords to mitigate damages to tenants who break their leases, we'll notify your landlord of that obligation and minimize the remaining rent you have to pay.
What Else Can DoNotPay Offer You?
DoNotPay offers the best solution to breaking a Massachusetts lease in a fast, easy, and successful way. DoNotPay can also offer assistance in other areas as well.
To learn more about some of the many areas DoNotPay can assist you in, check out the list below! Why not try it today and see the benefits of using DoNotPay.
- Learn about breach of contract issues
- Learn about power of attorney processes
- How to change your mailing address
- How to easily cancel memberships and subscriptions