I have entered into a one year lease but would like to move out after four months. The landlady has said that if I were to find a replacement, we could work out a sublet situation in which the new tenant would take over the lease. I was recently told that it is the duty of the landlady to find a replacement tenant, is this true? Also, I would like to suggest to the landlady that she keep the security deposit and last months rent as a penalty for breaking the lease. I can move out immediately which would hopefully make it easier for her to find a new tenant. Could last months rent be considered to cover January or would I need to pay January, let her keep the last months rent (which was originally supposed to be August '09) and the security deposit? Also, would it be acceptable for me to give 30 days notice but move out immediately considering last month has been paid?
Submitted by shaneverville on Mon, 12/29/2008 - 11:31
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Editor's Response
The answer is 'no' to pretty much all you ask. After you break the lease and move out, Massachusetts law does require the landlord to make a good faith effort to find a new tenant, but that could take a while. She certainly has no duty to find a replacement for you while you contemplate your exit strategy. After you move out and while she is looking, you are responsible for the rent, even if it takes her five months to find a suitable replacement. Depending on the terms of your lease, you may be responsible for other costs as well.
The LL may use the security deposit to cover part of your rent if you break the lease, or she may attempt to use the deposit for other purposes allowed by MA law, such us repairing any damage to the apartment.
In short, if I were your LL, I would not accept the offer you propose. If I were you, I would take advantage of your LL's offer to work with you. The more communication you have with her, the better your chances of finding a solution that will satisfy all parties.