We have signed a year lease, back in September, with another couple. After about the second month there have been numerous arguments between my boyfriend and the other roomates boyfriend. To the point where no one will talk to eachother unless it's to complain or small sentences here and there. The boyfriend doesnt help clean, will let dishes pile in a bin full of water next to the sink for a week and then repeat, and is now keeping illegal things in the apartment that have the potential to bring felony charges to everyone.
The stress over the past month has been causing anxiety and my insomnia to become worse. We barely leave our room just to avoid them. The arguments just continue with no chance of being resolved.
Our lease is for a year, and if it's broken before the year is up we owe the remainder of the rent for that year? even if new people move in.
Can our landlord do that? and if so, is there anyway out of the lease/remainder of rent because of these reasons?
We really need to find another place to live and cant ever afford paying the remainder of the rent, along with a new apartments rent.
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Editor's Response
If you break the lease without establishing cause, you may be liable for the remainder of the lease payments, but Massachusetts law requires the landlord to make a good faith effort to find a replacement tenant. So, no, the landlord cannot just sit back and collect rent from you after you leave. Also, if you stay, your landlord has an obligation to maintain the premises in a way that does not interfere with your quiet enjoyment. He or she can also evict tenants under an expedited eviction process if they are committing certain specified crimes within the unit. In this situation, your best and cheapest solution is to talk to your landlord and hope he or she will work with you to help resolve the problem (get rid of the other tenants or work out an exit strategy for yourselves).
If your landlord will not cooperate and you feel (for safety or other reasons) that you have to leave, then you should. Procedurally, there are probably a couple of ways you can do this. I would contact the housing specialist at your local Housing Court and ask for some guidance. You might bring an action on your own seeking an injunction requiring action on the landlord's part, for example, or allowing you to break the lease. Or you could take a more passive role. Document the problems first in writing, collect any evidence you can to support your claims (do not record conversations without the other parties permission), ask the landlord in writing to remedy the situation, then go. If the landlord later attempts to collect the rent at court, make your arguments regarding quiet enjoyment. Good luck. For more information about these issues, visit our Massachusetts Tenant Law Discussion Forum.