Submitted by Jacquelyn on Thu, 02/04/2010 - 11:15
I own and live in a multifamily near a college. I have been renting to students using a Sept. to June lease with no problems for a few years. This year's tenant quit school, broke the lease and moved back home to another state in Sept. Her mother, who is the one who signed the lease, notified me via email her daughter's intentions to vacate and wrote that she understood she is still liable for the remainder of the lease. I immediately began working with the school's housing director to try to get another tenant to take over that 10 month lease. The mother did indeed pay me for Oct, and Nov. I expanded my search for a new tenant to non students (local newspaper, flyers, craigslist) as well as lowered the rent, and still have not found a tenant. The mother also stopped paying. Now the "last month's rent" has been used and so has the security deposit to cover Dec. and January's rent. When can I take this mother to court for the remaining portion of the lease? And, do I still take her to 'Housing' court, even if there is no eviction needed?
|
|
Recent Posts about Massachusetts Laws
Recent Posts about Massachusetts Laws
| Forum | Last post |
|---|---|
|
We sold our condo in November of 2009. We had a new house lined up-offer was accepted (per our realtor) after....
Thanks again. I think we have two issues, what the would-be sellers d....
|
7/30/2010 08:40 by flyers559 |
|
Several years ago my mother died and left some property in a trust with my uncle as trustee. I'm not sure but....
Yes, as a beneficiary of the trust, under Massachusetts law, you are e....
|
7/30/2010 07:08 by Donaldson |
|
My fiance was arrested for a dui, his 5th. His last one was in 94, I know the time between offenses doesn't m....
The penalty would depend on how the offense was charged. They could ch....
|
7/29/2010 10:42 by Anonymous |
|
I'm permanently disabled and rely on my SSDI to get by. Before i was injured and had a job I got several debt....
Your level of income, or source of income, does not generally have any....
|
7/29/2010 05:47 by Anonymous |
|
First, I like your site and visit often for info about MA law. Just wondering if you saw the new Massachusett....
LOL. Yes I will. This thread (as you mention) discusses th....
|
7/28/2010 06:53 by AlbertY |
|
My uncle appointed me as his power of attorney several years ago. Then last year he signed a health care prox....
Follow these two threads for an explanation of what a power of attorne....
|
7/27/2010 05:46 by Snowe55 |
|
I purchased a MP3 player from a local resident through Craigslist. The device was not compatible with my compu....
I obviously do not know what the ad said or what the seller said to yo....
|
7/26/2010 00:26 by Anonymous |
|
I have a 15 month lease which terminates on August 26th. The lease states that 60 day notice is required prio....
With my limited experience in Housing Court, I have to admit I'm stump....
|
7/24/2010 18:09 by alyssariffic |
|
I live in MA and I'm the permanent guardian of my nephew who is six. My sister, his mother, has been involved....
If the Probate and Family Court appointed you as the permanent guardia....
|
7/24/2010 09:21 by Hall83 |
|
I read the other post about the medical malpractice tribunals in Massachusetts but I'm curious about how the t....
The panel is comprised of a judge, a doctor, a lawyer and preside....
|
3/9/2010 05:53 by Wookie |
Editor's Response
I would wait until you find a new tenant to file your suit. That way you will know what your damages are. You can file in Housing Court or District Court. You are not suing for possession, obviously, but for breach of contract (the lease). I would go with the Housing Court, because it is more friendly to non-lawyers and you can take advantage of the Housing Specialist, who will act as mediators to help you reach a settlement with the defendant. For more information or to post a question, visit our Massachusetts Landlord Law Discussion Forum.
Thanks!
That is very helpful!