Broker's Fee for Breaking Lease in Massachusetts?

Question

I've looked all over the place-- even reading Massachusetts law on the matter-- but I can't find the answer to my question. I'm breaking my lease and moving to a new place at the end of the month, and my landlord (management company, actually) is going to charge me a half-month's broker's fee as part of the penalty for breaking the lease early. But, I'm pretty sure the broker is already charging the next tenant a full month's fee for finding the apartment. Is my landlord double-dipping here, and if so, am I legally required to pay this?

Answer 1

call your local legal aid - just because something is in your lease doesn't make it legal. i managed property in Mass for a few years and spent enough time in court to know. compensation for the broker just doesn't seem quite right.

Answer 2

What they charge the next tenant has nothing to do with you or you breaking your lease. As long as they are not charging double rent it is not double dipping. If this fee is in the lease & you signed it then it is legally binding. There will always be some kind of fee or penalty for breaking a lease. This is not easy or cheap.

Answer 3

Your lease is a legally binding agreement and you signed on for the full 18 months. The loss of a job does not mean you can break your lease without a penalty. If your girlfriend was laid off through no fault of her own she should qualify for unemployment, and that money could be paid toward the rent. You will be in violation of your lease agreement if you pack your things and abandon your lease. The landlord will sue you for the remainder of the lease and all court costs. You will also be reported to the credit bureaus. A broken lease remains on your credit report for seven years as a huge red flag to potential landlords, employers, creditors, etc. No one will rent to you until the outstanding balance is paid to your former landlord. Do you and your girlfriend want to ruin your credit and your life over this? You seriously need to find a way to make it work. You cannot break the lease without paying the penalty owed. You should consider this a painful learning experience.

Answer 4

YOUR perspective is excellent. A fee to rent is called the rent. NO two parties can be

obligated to pay the same rent........meaning, if john leaves a unit early, and

there is no replacement for 1 mo, John owes for the entire month. IF John finds a replacement

after 1 week, the landlord may not charge john for more than the length of time he was

a tenant.



While some Landlords claim costs and operation expenses, most courts will not permit the Landlord to "double bill." As soon as the unit is rented, the premature tenant's obligation

ends. I suggest you sue the LL for not returning all the prepaid rent/deposit owed to you.



IF you win, you also get 3x the amount going to you in penalties.



If you lose, you lose almost nothing

Answer 5

Almost every lease in every state has a penalty for breaking a lease. In Pennsylvania, if someone breaks a lease, they have to pay the current month, + two additional months, or we can sue them in court to collect. You are paying a penalty for breaking the lease, the new tenant is charged for a new lease. I don't think that one thing has anything to do with the other.