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my daughter is in a situation with an unstable person. She is renting a room in a persons house and has a lease til end of May 2009. Things aren't working out and landlord told my daughter she understands if my daughter wants to leave. my daughter wants to leave and told landlord she would stay til end of January 2009 as rent is paid in full thru then. Last months rent was paid up front upon leasing the room so my daughter has told her that payment would be for the January rent, which means rent is paid in full til end of Jaunary. The landlord had indicated in writing that she would let my daughter out of the lease. Now she is telling my daughter that she has to pay January rent by Dec 27th or all her belongings will be out on the front lawn on Dec 28th. How can she do this when rent isn't due until the 1st of the month? She is saying my daughter has not told her when she was leaving in writing, the lease requires 30 days notice which leaves my daughter til Jan 1st to give her notice in writing. Now she is asking my daughter for an additional $600 just to break the lease after she had already told her it was ok. She sent another email now indicating her best option is to have my daughter stay until May 2009 which was original end date of lease. Can she keep doing this, changing her mind after she already put in writing that she would let her out of the lease? In addition, they have different work schedules and the landlord keeps turning the heat real low or completely off when she leaves for work knowing my daughter is there all day as she works over nights. My daughter has brought to her attention that it is very cold in the house and law states she must keep rental property at least 68 degrees. The landlord has refused to turn heat up that high. She has also indicated to my daughter in writing that she has advertised her room for rent which clearly indicates she knows my daughter wants to leave and that it is ok with her. What to do? What if my daughters belongings are on the front lawn on the 28th? We live over 3 hours away and my daughter is here on vacation til after new years, which she did let the landlord know this.

Editor's Response

Sorry, that question is a bit jumbled for me to form a meaningful reply. However, if the landlord agreed in writing to allow your daughter to leave, then it sounds like your daughter should be able to go (Just a guess without seeing the actual document). Even if your daughter is not entitled to leave, the landlord still has an obligation under MA law to make reasonable efforts to find a new tenant for the remainder of your daughter's lease (So your daughter may not be liable for all rent owned under lease.) Finally, self-help eviction is illegal in Massachusetts (putting a person's belongings out on the lawn) and your landlord may be liable for treble damages if she took such action. Good luck

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