I am breaking a lease. I gave my landlord 30 day's notice, and then posted an ad to try to find a substitute tenant. One party seemed very interested after seeing pictures, so I forwarded their names to the management company. The landlord told them that he was actually not planning to rent the apartment until February because he wants to do renovations. I asked him about it and he says I'm still responsible for rent.
While I realize that my lease does not end until May, and the landlord might have good reasons for rejecting someone once he did a background check, it does not seem fair to me that the he can collect rent while he does renovations for 2 months without trying to find a new tenant.
As an aside, this has not been a very responsive management company. The heat went out on Christmas last year and wasn't restored till 2 days later, the ceiling of the bathroom caved in from a flooding toilet above and I couldn't reach anyone until the end of the next day (no answer at the "emergency" line), and he waited to turn on the heat till about a week after the temperature was consistently in the 50's (inside!) overnight. So while I will try I have low hopes that I'll be able to work it out with him.
What should I do next? It is not an option for me to remain here. If this winds up in court somehow, how do you think it would go?
Duty of landlord to find new tenant
One thing is certain: In Massachusetts, a landlord has a duty to make reasonable efforts to find a new tenant and mitigate damages. I cannot tell you how a housing court or district judge will rule on the question of reasonableness. In my opinion, it is reasonable for the landlord to take a couple of weeks to repair the unit and obtain a certificate of occupancy, but it is not reasonable for a landlord to retake possession of the unit and then do a two month renovation AND expect the prior tenant to pay rent during the renovation. Keep copies of your correspondence with the landlord and, if and when he attempts to collect the rent, make sure you do not miss the court date. You will likely prevail, but if you do not show up the landlord can obtain a default judgment against you. Good luck.