Mixed — read the details
Breaking a lease in Massachusetts
The mitigation question
Unsettled
Whether your landlord must try to re-rent is unclear in Massachusetts — reported, not settled law. Unsettled — no clearly established residential duty to mitigate; older cases hold no duty (Edmands v. Rust & Richardson Drug Co., 191 Mass. 123 (1906)). Tenants should not assume liability is capped by re-letting; a landlord-approved replacement or written buyout is the reliable cap.
Your protected exits
- Military. SCRA baseline (50 U.S.C. § 3955); no Massachusetts state extension verified. Guide →
- Domestic violence. Yes — G.L. c. 186 §24: tenant/co-tenant (or household member) who is a victim of DV, rape, sexual assault, or stalking may terminate by written notice given within 3 months of the most recent incident (or on reasonable… Mass. G.L. c. 186, §24 Guide →
- Uninhabitable conditions. Reported (confirm with a licensed attorney): Yes — G.L. c. 186 §14 (covenant of quiet enjoyment; constructive eviction; landlord liable for actual damages or 3 months' rent, whichever greater, for serious willful interference); state sanitary code. No fixed…
Notice periods
| Situation | Rule |
|---|
| Dv | written notice within 3 months of incident; must quit within 3 months of notice; rent liability ends 30 days or 1 full rental period after quitting date, whichever later |
| Habitability | written notice + reasonable opportunity to cure (no fixed statutory period verified) |
| Military | 30 days after next rent due date (SCRA) |
Early-termination fees
Reported (confirm with a licensed attorney):
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Not legal advice. This page is general information about landlord-tenant law, not advice about your situation. Laws change and procedures vary by county. For advice about your lease, consult a licensed attorney in your state — many legal aid offices help renters free.