Lease AutoRenewal in MA

[11RT]

A friend is in a situation.
She is currently renting an apartment in Brookline MA and the lease expires at the end of August.
In June she sent a letter to her landlord (a property manager) indicating that she will not be renewing her lease at the end of August. She did not send this letter certified nor return receipt. She also never received confirmation that this letter was received.

She called her landlord this weekend to verify that he knew her intentions. He stated that he never received any letter and that her lease states that she must provide 60 days notice if she does not plan to renew. If she does not provide notice, her lease automatically renews for another year.

The problem arises that she has already signed another lease for Sept. 1st. He has since told her that the lease is binding and unless she finds new tenants for the apartment, she will be responsible for another year of rent.

A) I've never heard of this before. Is this legal in the state of MA?
B) Is there a loophole or some recomendation that someone could make to help her get out of this situation?
C) I don't think it will be difficult trying to find new tenants, I just don't even know that this is her responsibility.

Thanks everyone.
Great website!

 

[Michael Wechsler]

I don't know of any law that would make such an autorenewal term unlawful in MA. Part of the problem is that your friend admits that she did not give the 60 days prior notice to the landlord that is apparently required under the lease -- but check the language to make sure this is the case!

What might be of assistance would be for your friend to attempt to assist the landlord in the landlord's likely duty to "mitigate damages" by providing a suitable tenant to take over her lease. This may not get her off the hook completely should the tenant break the lease (your friend would still be responsible for rent) but your friend might be able to avoid damages should the landlord refuse a reasonable substitute. In this manner the landlord could not reasonably claim a loss since there was a suitable tenant presented for the apartment who was willing and able to pay the rent.

With regard to further communication in this matter, your friend may wish to use certified letters and/or faxes.

Good luck to your friend!!

Originally posted by _RT_
A friend is in a situation.
She is currently renting an apartment in Brookline MA and the lease expires at the end of August.
In June she sent a letter to her landlord (a property manager) indicating that she will not be renewing her lease at the end of August. She did not send this letter certified nor return receipt. She also never received confirmation that this letter was received.

She called her landlord this weekend to verify that he knew her intentions. He stated that he never received any letter and that her lease states that she must provide 60 days notice if she does not plan to renew. If she does not provide notice, her lease automatically renews for another year.

The problem arises that she has already signed another lease for Sept. 1st. He has since told her that the lease is binding and unless she finds new tenants for the apartment, she will be responsible for another year of rent.

A) I've never heard of this before. Is this legal in the state of MA?
B) Is there a loophole or some recomendation that someone could make to help her get out of this situation?
C) I don't think it will be difficult trying to find new tenants, I just don't even know that this is her responsibility.

Thanks everyone.
Great website!