Breaking a Lease in Massachusetts: Landlord/Tenant Guide 2024

Lease agreements define the rental arrangement between a landlord and tenant. Once all parties agree to the terms, the lease is legally binding until the term has ended. It can end through natural expiration or a lease violation that results in eviction or lease cancellation. But sometimes, landlords or tenants break leases without legal justification.

For both parties, breaking a lease can have serious implications if there isn’t a valid or legal reason to do so.

In this guide, we’ll review legal ways to end a lease early, the consequences of ending a lease without legal justification, and some things landlords can do to avoid potential lease-breaking before it happens.

Read on to learn more about breaking a lease in Massachusetts.

Review Your Lease Before All Else

Since the lease agreement is the defining document for any rental scenario, fully understanding what it contains is critical for landlords and tenants. Not only will the lease contain information about the term, but some leases also include an early termination clause that allows a landlord or tenant to end the lease early if they meet a specific requirement.

Plus, leases usually explain what could happen if the tenant abandons their lease before the end of the term. It pays to fully understand the lease before proceeding.

Regarding month-to-month leases, they’re generally simple to terminate when either the tenant or landlord chooses to. In Massachusetts, 30 days’ written notice is required to end a month-to-month lease, and neither party must provide justification.

In fixed-term leases, the only way to end the lease early and without penalty is to meet a legally qualifying condition or follow the guidelines of an early termination clause, if applicable. In the next section, we’ll review all the legal ways to break a lease in Massachusetts.

Legal Reasons for Breaking a Lease in Massachusetts

As stated above, some circumstances allow a tenant to break a lease early without incurring any penalties. State or federal law generally defines these allowances, and each has specific conditions that must be met to be considered valid.

Here’s how to break a lease in Massachusetts without penalty:

Entering Into Active Military Duty 

According to the Servicemembers’ Civil Relief Act, federal law allows tenants who are active-duty military members to break their lease early, without penalty, if they are deployed or transferred to a new city. There are a few stipulations to this law:

• The tenant must be on active duty, have previously signed the lease before entering into active service, and be a member of:

• A military branch (Army, Marine Corps, Navy, etc.)
• Reserve
• National Guard
• Public Health Service
• National Oceanic and Atmospheric Administration

The tenant must provide the landlord with proof of the orders and written notice, allowing the lease to be terminated 30 days after the beginning of the next rent period.

Domestic Violence

Under Massachusetts law, tenants who are victims of domestic violence, sexual assault, stalking, or sexual abuse have the right to terminate their lease early if they can provide evidence of the abuse and meet certain conditions, including:

• The violence is committed against the tenant or a child of a tenant by a household member.
• Domestic violence aims to cause harm, injury, or sexual assault, or it places the victim in reasonable fear of imminent harm or assault.

To qualify, acceptable forms of proof may include documentation of stalking or assault from a healthcare provider or a copy of a court order. The tenant must provide the landlord with this documentation along with a written notice of lease termination at least 90 days in advance.

Uninhabitable Living Conditions

If a unit fails to meet specific physical health and safety standards under the implied warranty of habitability, a tenant may be able to cancel the lease early. These standards include:

• Basic utilities
• Water
• Heat
• Structural elements
• Snow removal
• General maintenance and good repair of the unit

To break a lease for uninhabitable conditions, the tenant must notify the landlord in writing, explicitly listing the issues. The landlord has 5 days to make the necessary repairs themselves or 14 days to contract outside services.

Tenant Death

If the tenant who signed the lease was the sole occupant of the unit, was over 18 years old, and passed away, the lease may be terminated. The estate must provide the death certificate from the city or town clerk to end the lease. The lease will terminate once any back rent or other fees are paid to the landlord.

Landlord Harassment 

Massachusetts allows tenants to end a lease early due to landlord harassment, which includes:

• Unreasonable landlord entry. Massachusetts landlords must provide at least 48 hours’ notice before entering a unit. Repeatedly entering without proper notice could qualify as harassment.
• Constructive Eviction. Landlords cannot remove windows or locks or turn off utilities on a tenant.
• Refusing to make necessary repairs. If the tenant gives proper notice and the landlord refuses to make essential repairs, that could also qualify as harassment.

Breaking a Lease Without Legal Justification

As a legal contract, breaking a lease in Massachusetts requires legal justification. As we’ve discussed in the previous section, the legal justification for lease breaking is limited to just a few circumstances. For instance, tenants who want to leave due to job relocation or medical reasons would be out of luck.

But if a tenant is desperate to leave a living situation, breaking the lease doesn’t have to be the only option:

• Communicate and negotiate: An honest conversation about a tenant’s situation could result in negotiating terms for canceling the lease.
• Find a subletter: While this option is subject to the lease terms and the landlord’s thoughts, finding a qualified tenant to take over the remainder of a tenant’s lease term could be mutually beneficial.
• Consider a cash-for-keys settlement: Landlords who want a tenant in good standing to leave early may consider negotiating a sum to terminate the lease.

Additionally, landlords in Massachusetts must make a reasonable effort to re-rent the unit if a tenant breaks the lease. Tenants wishing to break the lease could also suggest helping to find a new permanent tenant, which could make it easier (and less costly) to leave the lease early.

Consequences of Tenants Breaking a Lease in Massachusetts

Tenants who break their lease early without legal justification could face some significant legal and financial consequences, including:

• Responsibility for the remaining rent on the lease term. While Massachusetts landlords must make a reasonable duty to mitigate losses by finding a new tenant, the lease-breaking tenant is still responsible for rent payments until the landlord finds a new tenant.
• Loss of security deposit. Landlords can use the entire security deposit to cover unpaid rent or property damage after the tenant breaks the lease.
• Difficulty renting in the future. Tenants who break their lease could face credit score damage and difficulty finding landlords who will rent to them.
• Landlord lawsuits. Landlords could file civil lawsuits against the tenant to recover any financial losses or unpaid debts.

Landlord/Tenant Rights and Responsibilities

Massachusetts landlord-tenant laws grant both landlords and tenants certain rights and hold them accountable for all aspects of renting property, including lease breaking.

Landlords Have the Right to:

• Recover lost funds. Whether it’s back rent payments or covering repairs for damage beyond normal wear and tear, landlords can pursue all unpaid money when a tenant breaks the lease.
• File for eviction. Tenants that meet qualifying conditions for eviction could be subject to eviction lawsuits.
• Charge late fees. As long as the lease states so, landlords can charge late fees on rent payments more than 30 days past due.

Landlords are Responsible for:

• Providing a copy of the lease. Massachusetts landlords are legally required to provide a copy of the lease agreement to tenants within 30 days of signing.
• Giving tenants a receipt for the security deposit that lists the amount, the bank where it’s held, and the account number.
• Re-renting a unit as early as is reasonable when a tenant breaks their lease early. This is called a duty to mitigate. The tenant will only be responsible for rent payments until the unit has been re-rented.

Tenants Have the Right to:

• Interest on security deposits. Tenants with tenancies over one year are entitled to interest on their security deposits at a rate of 5% or the rate provided by the bank.
• Withhold rent for essential repairs. If landlords fail to make necessary repairs after a tenant notifies them, the tenant may legally withhold rent to cover the repair costs.
• End a month-to-month lease by giving the landlord at least 30 days’ notice.

Tenants are Responsible for:

• Paying rent immediately when due, as there is no mandatory grace period in Massachusetts.
• Following the terms of the lease agreement to avoid potential eviction proceedings.
• Recovering any personal property left behind within 60 days of leaving.

Legal Help for Landlords and Tenants

Landlords and tenants navigating a potentially broken lease situation may need additional assistance on how to proceed. Massachusetts offers some support to this end.

• Mass Legal Help is an organization that offers free legal information about landlord-tenant laws, including evictions and lease-breaking.
• Massachusetts Lawyer for the Day programs can provide basic legal advice to landlords and tenants to assist in all aspects of housing law and eviction proceedings.
• Greater Boston Legal Services offers free legal advice on civil matters in situations where tenants or landlords cannot afford an attorney.

Avoid Lease Breaking with TurboTenant

No landlords want to face a lease-breaking situation with their tenants. Luckily, TurboTenant is here to help mitigate the potential impacts.

TurboTenant’s property management software can help manage all aspects of property rental and help prevent tenants from breaking a lease in Massachusetts by providing the following:

• Comprehensive tenant screening to avoid renters with unpaid back rent or evictions
• Online rental applications to find the most qualified renters
• State-specific, legally-reviewed online lease agreements ensuring adherence to all local laws and guidelines
• Fully-featured repairs and maintenance tracking tools to make sure units are in good condition and fully functional

So, sign up for a free TurboTenant account today. With it, you’ll find great tenants in no time.

Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.

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