How does last month rent work in Massachusetts (Boston: 2015, apartment)

[soal]

I have a question regarding rent. When I first rented my place years ago (over 10), I paid 1/2 month worth of Last Month and a security deposit together with the 1st month.

I've been trying to break my lease since I need to move. I wrote a letter 6 weeks ago and said that I was going to move out on 03/01/2015. They kept reminding me that I'm still responsible for the rent until they can find a replacement (my lease auto renews and starts 08/01). Starting a few weeks ago I kept asking them if they have found a replacement and they kept saying, they will let me know when they have found one. I offered to help and the response I got was "It is not good practice to get a tenant involved in finding a replacement" - Last week, I told them that it was too close so I"ve put off my move.

Today I get an email letting me know that I'm going to need to vacate the by 03/01/2015. That's a little late, which gives me 6 days to move. I have no formal letter yet. In addition, I've been told that I will get a partial refund for my last months rent rent for 03/01/2015 - 03/15/2015 (1/4 of the amount).

My question:
- Do I have any recourse in delaying the move since I've only been given an informal notification 6 days to leave the premises? That's pretty 'tight' since I already had re-planned my move since I didn't get a notice until today.

- Why am I responsible for the rent in 03/01/2015 - 03/15/2015 if I'm not going to be there? How does last month rent supposed to work?

[wolfgang239]

That is a scumbag move. Unfortunately you only really have 2 options....


1. Move on 3/1 and deal with it.

Also, is there any reason why you are not getting your security deposit back? You are entitled to that plus a small amount of interest unless there is an itemized list of damages beyond reasonable wear and tear over 10 years. As for the 1/2 month you paid up front 10 years ago, you normally work that out ahead of time with the landlord on your last month. You are only entitled to the amount you paid in relation to the cost of rent at the time, not your present cost of rent.

2. Don't move, and possibly have to stick around for the terms as agreed upon on the lease. Unfortunately they have in writing that you "put off your move".

[Dm84]

This situation sounds very messed up to the point that you may want to speak to a lawyer.

Just keep in mind no matter what, your landlord can't just throw your stuff on the curb and evict you without a judge signing off on it, and that takes months.

[MikePRU]

The first thing I want to say is that you have to remember that you have asked to break the lease. Your landlord was not the one that initiated this process. As a favor to you, they have agreed to let you out of the lease if they found a replacement tenant. It sounds like they found one who is willing to move in either 3/1 or perhaps 3/15. Unfortunately for you, it sounds like they found this tenant at the last minute. However, this is a business for them and they can't have their unit sitting empty. So that's going to make for a quick move on your part. As for the 1/4 month of rent they are charging you . . . it's not unusual when a tenant breaks a lease for them to pay a penalty fee. Likely that's what they are doing - charging you a penalty fee.

Again, remember you signed a contract which you are legally obligated to honor. So, your choices are:

1. Move out on 3/1 and pay the penalty fee
2. Stay and honor the rest of the lease

It's unfortunate that the landlord couldn't find a tenant faster resulting in less than ideal timing, but in the end they're doing you a favor.

[timberline742]

I don't understand why the OP can't be allowed to find a sublet? I've never encountered that, and I thought most leases (the standard ones I always seem to see) have a provision for it.

[EconHusky]

Originally Posted by wolfgang239

That is a scumbag move. Unfortunately you only really have 2 options....


1. Move on 3/1 and deal with it.

Also, is there any reason why you are not getting your security deposit back? You are entitled to that plus a small amount of interest unless there is an itemized list of damages beyond reasonable wear and tear over 10 years. As for the 1/2 month you paid up front 10 years ago, you normally work that out ahead of time with the landlord on your last month. You are only entitled to the amount you paid in relation to the cost of rent at the time, not your present cost of rent.

2. Don't move, and possibly have to stick around for the terms as agreed upon on the lease. Unfortunately they have in writing that you "put off your move".

What does this mean? Does OP then not need to pay last month's rent?

I was curious about this in Boston. There is often a first, last, sec. deposit, and sometimes a realtor fee. Would this mean that last month does not need to be paid and the SD is returned after the move?

Sorry if this is silly- I haven't had to pay so much up front until moving here!

[timberline742]

Originally Posted by EconHusky

I was curious about this in Boston. There is often a first, last, sec. deposit, and sometimes a realtor fee. Would this mean that last month does not need to be paid and the SD is returned after the move?

Yeah, you just have paid last months rent in advance. Move out, and then I get my security deposit back.

This is pretty standard in most places I've lived (first/last/SD) except for the places with poor economies that I had to live in for a bit where they didn't ask last month because I suspect so many people around there couldn't afford it.

[EconHusky]

Originally Posted by timberline742

Yeah, you just have paid last months rent in advance. Move out, and then I get my security deposit back.

This is pretty standard in most places I've lived (first/last/SD) except for the places with poor economies that I had to live in for a bit where they didn't ask last month because I suspect so many people around there couldn't afford it.

Maybe it is the realtor fee that threw me off then. I've never had (essentially) 4 months' rent upfront.

[soal]

Thanks wolfgang239 and MikePRU - this is all great advise and probably a good discussion for those who might be in this position.
Its ok, the landlord is indeed a scumbag but as MikePRU has pointed out, its business so I do understand where they are coming from. I've decided to stop focusing on these 'minor' issues and just focus where I'll be going next.

Totally irrelevant, I'm really glad to be moving on as the current landlord is terrible compared to the previous (inheritance is always a great thing). Things always take months to get fixed (e.g. the lights in the building consistently go out and whenever it gets 'fixed', it blows out again indicating that there is a serious electrical issue in the building but doesn't want to pay to address it permanently, garbage is always overflowing). There are also structural issues in that the walls are starting to crack from the ceiling.

Yes Boston is expensive to rent in general - When I first got the apartment, I had to pay : First, Last + Security Deposit PLUS Realtor fee (1 month).

[timberline742]

Originally Posted by EconHusky

Maybe it is the realtor fee that threw me off then. I've never had (essentially) 4 months' rent upfront.

I've never paid a fee myself. The notion turns me off.