My question is
Can tenants run ads on craiglist and show their own apartment and take potential tenant to the Landlord for application?
Can anyone give us some suggestions on our situation? Shall I take the landlord to a small claim court?
Here is my story,
Our lease will be up by the end of July. We bought a new apartment, so decided to move out at the end of April. On April 2nd (Friday), I told the landlord( a real estate company owned by a lady, she made all the rules in her buildings) that we were going to move out. She told me that we are responsible for paying the rent until the apartment is rented out, and we are not allowed to do ads (except by word of mouth), nor show the apartment by ourselves. She also said that if we can move out by April 24th and someone takes it with a new lease starting from May 1st, we can get the deposit for the last month rent back. We should give them a written copy of notice of moving out ASAP.
On April 5th (Monday), we gave them the notice of moving out. But by April 23(Friday), they have never showed our apartment to anyone ( They ran ads, and showed other apartments, but not ours). Meanwhile, we posted some ads by ourselves, and took a couple of potential tenant applications to the landlords’ office, but all applications were shot down for salary verification or credit reasons. They warned us not to run ads or show the apt again.
In order not to lose all three months’ rent, we withdrew the notice of moving out on April 23. Today I took a friend to their office for application on a lease starting on June 1st, they told me my friend must see the apartment through them and warned me of no ads and showing.
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Editor's Response
That's a strange one. Does your lease say anything about not running ads or showing the apartment? Does your lease say anything about subleasing or assigning? Probably not an option anyway, given the short amount of time left on the lease.
Generally speaking, MA law obligates your landlord to make reasonable efforts to re-rent the apartment. Once you move out, if you are not able to resolve this issue with your landlord, you will likely end up in court, either because the landlord is suing you for rent or because you are suing for the return of your deposit or last month's rent. In either case, you can raise this issue with the judge. Keep records of all your correspondence and of your efforts to help the landlord find a new tenant. I can not predict how the judge will rule, but the more information and evidence you have, the better things will go. Good luck. For more information, visit our Massachusetts Tenant Law Discussion Forum.
the lease says nothing about
the lease says nothing about running ads and showing. It does say no subleasing. Just called the AGO office, they told me that i have some right to run ads and show. Shall I give them a final notice of moving out on April 30th and go to small claim court with them? The situation seems helpless.