Rental Basics in 01609>Question Details

Yingbrooke, Home Buyer in 01609

The landlord will get punishment if he terminates the lease illegally, even when it is not indicated in the lease?

Asked by Yingbrooke, 01609 Fri Jul 8, 2011

We do not have to indicate that in the lease right? Since it's a lease, by law one will get punished if he terminate the lease illegally.
If so, what will be the punishment? It will definately not be just returning all the deposit and rent, right?

Thank you for your answer and have a good day.

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Answers

4
Gerard, Massachusetts is VERY different than Florida, basically take the rules of the other 42 states (Massachusetts is on of only a handfull) and throw them out the window. Here in MA it can easily take 6months to evict even the worst tenant. Very different rules to the landlord/tenant game here. Even contractual issues can be interpreted in the tenants favor here. It's funny the courts here kind of see all landlords as fat cats lighting cigars with $100 bills. In contrast, New Hampshire will put a family out in a snow bank on Christmas Day for non-payment.

Here in MA we're a pro-attorney state & only an attorney can give legal advice (it's strictly enforced too). That's why you'll see MA agents & brokers referring all questions of law to qualified attorneys.
0 votes Thank Flag Link Fri Jul 8, 2011
Wrong, the lease is the contract that rules the rent, and the punishment, there is no punishment required for breaking the lease if there are no parameters in the lease for such a thing. the lease was drawn up by the Landlord, or by their Attorney, or worse by some company that sells forms in Staples or places like that. These lease are usually written with the protection of the Landlord in mind! So there is loads about what happens if you break or breech the lease and virtually nothing about the Landlord breaking the lease. You signed it so you agreed to terms. there are laws protecting you from wrong treatment and unjust eviction, but other than that there is nothing for you. If the landlord has evicted you legally, you are out and except for deposit money which may be used for repairs from damage made by you, there is very little else you will get! What is the reason he or she terminated the lease. did you break an agreement as outlined in the lease? You must read your lease, if you feel this is being done and is not on the up and up, contact a Real Estate Attorney and get consul since that would be the only truly legal advice you should listen to!
0 votes Thank Flag Link Fri Jul 8, 2011
Thanks Scot and Dawn.

The lease is printed. It's good to know that MA is a state of pro-tentant.
0 votes Thank Flag Link Fri Jul 8, 2011
Massachusetts is a very pro-tenant state. Typically also whoever draws up the contract if there's a dispute it's usually found to be in favor of the one who did not draw it up (typically tenant). Even with rental agreements, leases ect. it cannot hurt to have a qualified attorney review the contract with you & explain any questions you might have. We're not attorneys and cannot give legal advice.

Hope that helps,
0 votes Thank Flag Link Fri Jul 8, 2011
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