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?
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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!