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[MA] What wording should be included in a lease agreement to address tenants leaving before the lease term ends?

Lori
Lori

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Since I did not see any further info posted, I will do my best to provide you with an answer based on what you posted initially.

You need to review your lease to see if it addresses early termination by the tenant. If the tenant does not have a right to terminate or leave early, that is a default under the lease. You can declare the tenant in default. Look for a clause like this:

"Early Termination by Tenant. Tenant acknowledges that this Lease constitutes a binding agreement for the full Lease Term. If Tenant vacates, abandons, or otherwise terminates the Premises before the expiration of the Lease Term without legal justification under Massachusetts law, such action shall constitute a breach of this Lease. In such event, Tenant shall remain liable for (a) all rent and other charges due and payable through the end of the Lease Term, and (b) all damages resulting from the breach, including but not limited to costs of re-renting, advertising, broker’s fees, utilities, cleaning, repairs beyond ordinary wear and tear, and any concessions required to secure a replacement tenant." (MA Gen L ch 186 § 11)

Hope this helps.

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Massachusetts Residential Lease Agreement

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Massachusetts lease agreements.

Lexi

Lexi, Chatbot

I understand that lease agreements can be quite complex and stressful. Can you tell me if you are a landlord or a tenant in this situation?

Landlord.

Lexi

Lexi, Chatbot

What specific issues or concerns do you have regarding the lease agreements?

Wording on if they leave before the lease ends.

Lori

Lori

Hey there! Welcome! I'm Lori, an attorney with many years of experience, and I'm here to help you. I understand you're a landlord dealing with concerns about the wording in your lease agreements, specifically if a tenant leaves before the lease ends. Could you tell me more about the specific wording or clauses you're concerned about?

Lori

Lori

Since I did not see any further info posted, I will do my best to provide you with an answer based on what you posted initially.

You need to review your lease to see if it addresses early termination by the tenant. If the tenant does not have a right to terminate or leave early, that is a default under the lease. You can declare the tenant in default. Look for a clause like this:

"Early Termination by Tenant. Tenant acknowledges that this Lease constitutes a binding agreement for the full Lease Term. If Tenant vacates, abandons, or otherwise terminates the Premises before the expiration of the Lease Term without legal justification under Massachusetts law, such action shall constitute a breach of this Lease. In such event, Tenant shall remain liable for (a) all rent and other charges due and payable through the end of the Lease Term, and (b) all damages resulting from the breach, including but not limited to costs of re-renting, advertising, broker’s fees, utilities, cleaning, repairs beyond ordinary wear and tear, and any concessions required to secure a replacement tenant." (MA Gen L ch 186 § 11)

Hope this helps.

Lori

Lori

Hope I have answered your question. Thank you for allowing me to assist you. Have a nice day!

Lori

Lori

25,625 satisfied customers

Lori
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