Massachusetts Early Termination of Lease (lease agreement, security deposit, renewing, house)

[Chayleah]

When renewing our lease we knew that there was a possibility of a relocation due to job. The landlord gave us a standard MA lease which she signed before she sent it to us. In the term of tenancy clause, for early termination we crossed out "liable for the balance of the rent for the remainder of term" and wrote in "2 month break lease fee and forfeit last month's rent". My husband and I initialed and dated the change. Our landlord received the lease and asked about the change. We told her that if we leave early she will basically get 3 months rent. She agreed verbally.

Now that we have notified her of our intent to move in August, she is saying she plans to sell and 3 months isn't enough because our agreement was through April 2015. We have a signed leased with the break lease fee added but she did not initial the change. She did accept rent according to the new lease (there was a rent increase). Does this indicate she accepted all of the terms or could we be liable for rent until April if she doesn't sell it before then?

[STT Resident]

I think you would be well advised to run the paperwork through an attorney for a legal opinion. Much depends on whether you have a photostat of the lease or a second original with the alterations and what your LL holds likewise.

[br1n]

based on reading other threads it appears buyers prefer buying vacant properties so she should be happy you are leaving if she plans to sell.

[Chayleah]

The landlord has the original lease with the change initialed by us and signed by both parties, we have a photocopy of the same.

In her email today she said-

I understand it was such short notice for you but you have to understand that we have a signed lease until April 2015{including a 2 month break the lease clause. I will be in the house sometime between the 7 and 14th. I am going to put the hose up for sale but it is not such a good tie as it would of been in the spring because it is a big house and a family would have already been settled in to start school. We will have to come to some kind of an agreement with the lease.


Is this email enough to prove that she accepted the new terms despite not initialing the change on the lease? If she is selling and not re-renting does her responsibility to mitigate damages still apply?

[STT Resident]

Originally Posted by Chayleah

The landlord has the original lease with the change initialed by us and signed by both parties, we have a photocopy of the same.

In her email today she said-

I understand it was such short notice for you but you have to understand that we have a signed lease until April 2015{including a 2 month break the lease clause. I will be in the house sometime between the 7 and 14th. I am going to put the hose up for sale but it is not such a good tie as it would of been in the spring because it is a big house and a family would have already been settled in to start school. We will have to come to some kind of an agreement with the lease.


Is this email enough to prove that she accepted the new terms despite not initialing the change on the lease? If she is selling and not re-renting does her responsibility to mitigate damages still apply?

Since she has the original initialed copy and you have a copy of that original then in my opinion there's no question at all that she agreed to and must abide by the amended clause, regardless that she failed to initial the change. Too bad for her that her plans changed. There is no "agreement to come to with the lease" as the lease is a valid contract which has been signed by both parties. She even acknowledges in her email that the lease contains a "2 month break the lease clause" so she can't arbitrarily change the terms to suit her situation.

I would email her back and tell her that as much as you empathize with her situation, she agreed to a lease termination fee which was written into the lease agreement and which you will honor by forfeiting the last month's August rent (I assume you paid last month's rent when you first moved in?) and, before moving out by August 31st will pay her an additional two months rent and thus be relieved of all further obligations under the lease.

I assume you also paid a security deposit? MA law may not mandate a walk-through (you'll likely find MA laws linked in the first "sticky" on this forum) but I suggest you have her do one with you prior to moving out, in order that she can point out anything which may need fixing or special cleaning. Leave the place spotless and take dated photographs of every inch of the place before you close the door for the final time.

Good luck with your move and hope this all goes smoothly for you!