Fall River, MA asked in Contracts and Real Estate Law for Massachusetts

Q: signed a lease agreement with 2 other roommates. 2 of us wanna move out now can we break the lease without the consent

break the lease without the consent of the 3rd roommate?

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2 Lawyer Answers
Christopher Tolley
Christopher Tolley
Answered
  • Boston, MA
  • Licensed in Massachusetts

A: If you signed the lease, you move out before the lease ends, and you stop paying rent, under most leases you are liable for the rent for the remainder of the lease term. This is so regardless of whether the other lessees do the same thing or not. The two lessees will have broken the lease and will be liable to the landlord.

These situations are best resolved amicably, and with the consent of the landlord, such as by finding renters to replace those who want to leave.

Lillian J. LaRosa
Lillian J. LaRosa
Answered
  • Woburn, MA
  • Licensed in Massachusetts

A: Usually leases have joint and several liability so that just leaving will not defeat the obligation under the lease for the tenants signing jointly and several liability. While there is a duty of the landlord to mitigate damages they may have a harder time in the Covid market.

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