Submitted by new to renting on Tue, 06/02/2009 - 15:01
I have a tenant who wants to break his 1-Year lease and move out a couple of months into the lease.
I know that I have the obligation use reasonable effort to find a new tenant.
Can I charge the tenant for the cost of finding new tenant, such as advertising, broker fee, credit check fee, or bonus to leasing personnel?
Can this cost be deducted from Security Deposit?
Editor's Response
Make sure you notify the tenant (certified mail) that he/she is still liable for the remaining rent for the rest of the term (while you look for a replacement). You are entitled to collect reasonable costs associated with re-renting the unit, and you can collect the difference between the rent you are able to get from a new tenant and the rent that the original tenant was bound to pay. However, other than unpaid rent, Massachusetts General Laws Chapter 186, Section 15B(4) prevents you from deducting these costs from the security deposit. I always offer new landlords this bit of advice: If you want to save yourself a lot of time, aggravation, and potential liability, buy yourself a copy of one of the many, excellent books out there that discuss landlord and tenant law in Massachusetts. Good luck, and please tell your friends about The Forum.