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Breaking a Lease that hasn't started yet

Hello,

I've recently signed a lease on an apt effective 7/1. To this point, I've paid a realtor's fee, an application fee and the last month's rent. The first month's rent and key deposit is due a couple of weeks before I move in.

Some things have changed in my personal life and I'd like to get out of this lease. Based on MA rental law, am I able to do this or am I stuck? Are there any options that I might have? I don't really care about losing the money I've already put forth and I'd be fine going ahead and still paying the first month's rent, too. Getting out of the lease is the most important thing.

Thank You.

Editor's Response

You probably cannot get back the money you already paid, but the lease does not begin until 7/1.   I would guess you are on the hook for the duration of the lease.  However, if you break the lease or refuse to take the unit, MA law requires the landlord to make good faith efforts to locate a replacement tenant.  He/she cannot just sit back and collect a year's rent from you while the apartment sits empty.  I would contact the landlord or the agent and try to work out a solution.  It seems likely that, given 3 months to do it, they should be able to find a new tenant. 
If they are not cooperative, you should definitely talk to an attorney who does this type of work.  A $300 letter from an attorney to the agent/landlord might save you a lot of grief and money in the long run.  Good luck.

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