Ending a lease in Massachusetts can feel overwhelming, but tenants do have clear legal rights to leave a rental without financial penalties in specific situations. This guide explains those rights, the risks of breaking a lease, and the steps both tenants and landlords can take to protect themselves.
Legal Reasons to Break a Lease Early in Massachusetts
In Massachusetts, landlords and tenants can sometimes end a lease before it expires. These situations include:
1. Active Duty Military
Federal law gives tenants the right to end a lease early if they called to active duty. The protection applies to service members who are ordered to deploy or relocate to a permanent station. It begins on the first day of active duty and lasts up to 90 days after discharge from active duty.
Covered service includes members of the Armed Forces, Reserve, or National Guard serving more than 30 days, along with commissioned officers in the Public Health Service or NOAA. The orders must come after the tenant signed the lease and cover a permanent change of station or a deployment of at least 90 days.
Tenants must give the landlord written notice and proof of service. The lease does not end immediately; the earliest termination date is 30 days after the next rent period begins, allowing both parties time to prepare.
Supporting law: Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901–4043
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
2. Domestic Abuse, Sexual Violence & Other Crimes
Massachusetts law lets tenants who are victims of domestic violence, rape, sexual assault, or stalking end a lease early without penalty. With proper documentation, tenants can leave unsafe housing without being held responsible for rent after vacating the premises.
To qualify, tenants must give written notice and include proof such as a protective order, police report, or documentation from a qualified professional. The law applies broadly, and does not require the abuser to live in the household, only that the tenant or their child was a victim.
If danger is immediate, termination may take effect in as little as three days. Otherwise, the lease ends on the date specified in the tenant’s notice. Tenants remain responsible for rent up to that date and for any damages beyond ordinary wear and tear.
Supporting law: Massachusetts General Laws ch. 186, §§ 24–25
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
3. Uninhabitable Living Conditions
Tenants in Massachusetts may terminate a lease if the rental property becomes uninhabitable and the landlord fails to make the necessary repairs after receiving notice. This rule covers serious health or safety code violations and requires tenants to follow the state’s process.
The implied warranty of habitability does not extend to problems caused by tenants themselves.
Common uninhabitable conditions include:
- Ineffective weatherproofing: Water leaks or drafts
- Unsafe plumbing: Broken or unsanitary fixtures
- No running water: Lack of hot or cold supply
- No heat: Failure of heating equipment during required months
- Structural hazards: Unsafe stairs or damaged railings
To break a lease due to uninhabitable conditions, tenants must notify the landlord in writing, explain the issue, and state their intention to move out if the landlord doesn’t remedy the issue. If the landlord fails to fix the problem within a reasonable timeframe, tenants may leave and use documentation as evidence in any dispute.
Supporting law: Boston Housing Auth. v. Hemingway
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
4. Landlord Harassment or Privacy Violations
Tenants in Massachusetts can terminate a lease early if the landlord has seriously violated their right to privacy or the right to quiet enjoyment of the premises. Instances of landlord harassment include repeated unlawful entries, cutting off essential services, or actions that make the unit unlivable.
Examples of landlord harassment in Massachusetts include:
- Unlawful entry: Entering without proper notice or consent
- Constructive eviction: Removing doors, cutting utilities, or changing locks
- Failure to repair: Refusing essential repairs required by law
- Discrimination: Mistreating tenants based on protected classes under the Fair Housing Act
To terminate, tenants must send written notice that describes the landlord’s misconduct and states their intention to leave if the misconduct continues. If the landlord fails to correct the issue or the unit becomes uninhabitable, tenants may vacate and later defend their decision in court if challenged.
Supporting law: Massachusetts General Laws c. 186, § 14, Charles E. Burt, Inc. v. Seven Grand Corp.
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
5. Unenforceable or Void Lease Agreement
Massachusetts tenants may also terminate a lease if the agreement is found to be legally void or unenforceable. A lease can be void if it was signed under duress, signed by someone without legal capacity, or tied to an illegal rental property.
A lease may be void or unenforceable in Massachusetts if:
- Signed under duress: Coercion or threats removed free choice
- Signed by a minor: Individuals under 18 generally lack the capacity to be bound by a lease
- Unit is illegal: Rentals without permits, with unsafe wiring, or serious code violations
When a lease is legally void, the law treats it as if it never existed. Tenants can move out without future rent obligations, though disputes may require court involvement. Landlords are required to return security deposits, and tenants may pursue recovery in small claims court if they don’t recoup their security deposit within the specified timeframe.
Supporting law: Massachusetts General Laws c. 186, § 14, Leardi v. Brown
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
6. Landlord Retaliation
Massachusetts law prohibits landlords from retaliating against tenants who assert their legal rights. Landlords cannot punish tenants for reporting violations, requesting repairs, withholding rent in accordance with the law, or filing complaints. Retaliation is a defense against eviction and can also support a claim for damages.
Examples of protected tenant actions include:
- Exercising legal rights: Enforcing rights under the lease or law
- Reporting violations: Contacting authorities about health or building code issues
- Withholding rent: Legally withholding when landlords fail to make repairs
- Filing complaints: Bringing concerns to housing or regulatory boards
Examples of landlord retaliation include:
- Bad faith eviction: Trying to evict in response to protected activity
- Reducing services: Cutting off access to utilities or amenities
- Raising rent: Imposing significant increases or sudden changes to terms
- Interference: Blocking tenants from exercising rights under the law or the lease
Tenants can prove retaliation with complaints, inspection reports, or evidence of sudden lease changes. Landlords may defend themselves by showing the action was planned before the tenant asserted rights. If the court agrees, retaliation protections do not apply.
Supporting law: Massachusetts General Laws c. 186, § 18
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
7. Mutual Agreement Between Landlord & Tenant
In Massachusetts, a lease can be terminated early without penalty if both the landlord and tenant agree. This scenario typically unfolds through direct negotiation or by utilizing an early termination clause in the lease. A written agreement signed by both parties makes the deal binding.
Common reasons for mutual lease termination include:
- Job relocation or transfer
- Financial hardship
- Family or medical needs
- Desire to sell the property
- Property renovations or redevelopment
- Tenant purchasing a home
When requesting early termination, tenants should clearly explain their reasons and propose suitable terms. The landlord and tenant can then negotiate the notice, final rent, and handling of the deposit. Signing a written agreement ensures the lease ends on fair and legal terms.
Other Legal Reasons for Breaking a Lease in Massachusetts
Massachusetts tenants may also end a lease early when state or federal law provides additional protections. These exceptions cover situations outside of habitability or harassment claims.
Other valid reasons include:
Court-ordered relocation of the tenant: A judge may order relocation in cases such as abuse prevention orders or family disputes. The lease does not end automatically, but the court can authorize termination.
Supporting law: Massachusetts General Laws ch. 209A
Condemnation of the rental property: If officials condemn a rental property for health or safety violations, the unit becomes uninhabitable, and tenants may terminate the lease immediately without owing any future rent.
Supporting law: Massachusetts General Laws ch. 186, § 14
Natural disasters that render the unit uninhabitable: Fires, floods, or other disasters may render a property unsafe. Tenants may end the lease if the dwelling is destroyed or severely damaged.
Supporting law: Boston Housing Auth. v. Hemingway
Massachusetts law does not grant tenants an automatic right to terminate a lease due to disability or a move to supportive housing. In those cases, tenants must usually negotiate directly with the landlord or request accommodations under federal law.
These less common situations are still recognized under Massachusetts law. Tenants must usually give proper notice and supporting documentation to the landlord.
Consequences for Illegally Breaking a Lease
Tenants in Massachusetts who leave a lease without legal grounds may forfeit their security deposit, face a lawsuit for unpaid rent, damage their credit, or receive poor rental references, which can make future housing harder to secure.
Landlord’s Duty to Mitigate Damages in Massachusetts
Unlike most states, Massachusetts does not require landlords to mitigate damages if a tenant leaves early. A landlord may choose to find a new tenant, but the law does not obligate them to try. Unless otherwise agreed, tenants remain liable for rent until the lease ends.
Supporting law: Neofotistos v. Harvard Guaranty Mortgage Corp.
Tenant’s Right to Sublet in Massachusetts
Massachusetts law does not automatically grant tenants the right to sublet their unit. For fixed-term leases, landlord consent is typically required unless the lease explicitly permits it. For tenants at will, landlords cannot unreasonably refuse consent. Even with approval, the original tenant remains responsible for rent and damages unless released.
Supporting law: Massachusetts General Laws ch. 186, § 15
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