Bronx, NY asked in Contracts and Real Estate Law for Massachusetts

Q: I am looking to buy a house but, I am leasing an apartment in Andover,MA. Am I allowed to break a lease without penalty?

Am I allowed to break the lease to my apartment if I find my dream house while while my lease is yet to reach the date of termination and not have the landlord charge me rent for the remainder of my lease?

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1 Lawyer Answer
Richard Gaudet
Richard Gaudet
  • Lawrence, MA
  • Licensed in Massachusetts

A: Typically no. The terms of a lease, if the terms follow Mass law will likely hold, and a breach of those terms will likely result in the breaching side owing any penalties due under the lease. On the other hand, if the landlord is not providing habitable conditions, or violating Mass law relative to residential tenants, you may have other reasons to withhold rent. An attorney practicing in landlord/tenant issues should be consulted if this is the case

Alternatively, sometimes a landlord will allow you to waive amounts owed with proper notice or settle for some other amount.

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