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How to break a lease in Massachusetts

Published on October 3, 2020 by dev

Most residential leases in Massachusetts do not include assignment rights or termination rights for tenants. Any transfer, subleting, of termination of the lease for another tenant to move in requires the Landlord’s approval.

HOWEVER, in Massachusetts, state laws mandate that the Landlord actively seek a replacement tenant in the event the exist tenant wants to terminate, sublet, or assign.

The problem is, it can be hard to prove a Landlord is ‘actively’ seeking a replacement. Further, even if they arn’t, do you really want to force their hand in court? Attorneys are expensive

The solution is to market the apartment the apartment yourself…either for sublet, assignment, or termination. There is nothing in most leases that says you can’t advertise it. If you bring a bona fide, financially qualified Tenant to your landlord to replace your tenancy, it would be illegal for them to say no unless there is some reason that makes the candidate unqualified (bad credit, pets, etc)

Subleti allows you to post your apartment, find a replacement, and if you’d like, connect with a real estate agent who can help you draft a lease, collect deposits, run credit, etc. Click on the Post A Lease button on our home page to post your lease today!