Massachusetts Rules on Early Lease Termination Fees

Ending your lease before its scheduled end date can be stressful, especially when you're worried about early termination fees. For Massachusetts renters, understanding your legal obligations and how these fees work is essential for avoiding unnecessary costs and ensuring a smooth transition.

What Is an Early Lease Termination Fee?

An early lease termination fee is a charge landlords may require if you move out before your lease expires. In Massachusetts, leases are legally binding contracts governed by Massachusetts General Laws Chapter 186^[1]. Unless your lease has a specific early termination clause, you could be responsible for rent until the end of the term or until the unit is re-rented.

When Can a Landlord Charge an Early Termination Fee?

Landlords in Massachusetts can only charge early termination fees if:

• Your lease agreement specifically outlines the fee and conditions under which it applies.
• The fee is reasonable and not excessive compared to actual damages or lost rent.

However, if you break your lease, you may be liable for the remaining rent until the landlord re-rents the unit. The landlord must try to re-rent the apartment as soon as possible (known as a "duty to mitigate damages").^[1]

Special Circumstances: When You May Leave Without Penalty

• If you are entering active military duty (per the Servicemembers Civil Relief Act)
• If there are serious code violations, unlivable conditions, or you are facing domestic violence (documentation required)

Check your lease for any early termination agreement or special terms. Open communication with your landlord can sometimes save you money by negotiating an exit.

What Forms or Official Steps Should Massachusetts Renters Use?

Currently, Massachusetts does not require a specific form for early lease termination, but certain processes can protect your rights:

• Notice to Quit (no official statewide form): Use a written letter or template to notify your landlord of your intent to leave. Include your intended move-out date and reason for early termination. Always send the notice by certified mail and keep a copy.
• Military Lease Termination Notice (when applicable): If leaving for military duty, use the sample SCRA lease termination letter provided on the Commonwealth's website.

While Massachusetts does not offer a dedicated tribunal or housing board for lease disputes, renters can seek help or file complaints through the Massachusetts Office of Consumer Affairs and Business Regulation or, in serious cases, small claims or Housing Court.^[2]

How Can I Minimize Early Lease Termination Costs?

Minimizing your costs means staying informed and proactive:

• Give as much written notice as possible to your landlord.
• Help find a replacement tenant (with your landlord's approval).
• Keep records of all communication and returned keys.
• Document the apartment’s condition at move-out with photos and a checklist.

Each case is different, so always check your specific lease and know your state rights before taking action.

Frequently Asked Questions

1. If I break my Massachusetts lease early, how much do I owe?
   Usually, you owe rent until a new tenant is found, or until your lease ends, unless your lease specifies a set early termination fee.
2. Can my landlord keep my security deposit if I move out early?
   A security deposit can only be withheld for damage, unpaid rent, or unpaid real estate taxes specified in Massachusetts law^[3]. Early termination fees alone do not justify withholding your deposit.
3. What notice do I need to provide if leaving early?
   Written notice is required, and the amount of notice depends on your lease. Thirty days is common, but check your agreement for exact terms.
4. Do I have protections if my apartment is unsafe?
   Yes. If your apartment violates Massachusetts sanitary or building codes and repairs are not made, you may have the right to break your lease without penalty. Contact your local Board of Health first.
5. What should I do if a landlord refuses to re-rent my unit?
   If a landlord does not try to rent your unit after you move out, this may be a violation of their duty to mitigate damages. You can contact state consumer agencies or seek help in Housing Court.

Need Help? Resources for Renters

• Massachusetts Office of Consumer Affairs and Business Regulation – Tenant rights information, complaints, and resources
• Massachusetts Attorney General's Office – Landlord/tenant dispute help
• Massachusetts Housing Court – For serious disputes or unresolved issues
• MassLegalHelp: Breaking Your Lease Guide – Easy-to-read explanations of your rights

---

1. See: Massachusetts General Laws Chapter 186 (Residential Landlord and Tenant Law)
2. Find Massachusetts state contacts: Office of Consumer Affairs and Business Regulation
3. Security Deposit Law: Security Deposits in Massachusetts

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations