Can a landlord bring you to court for rent of the remaining months in the lease term, if I moved out within 14 days of recieving a notice to quit?
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Can a landlord bring you to court for rent of the remaining months in the lease term, if I moved out within 14 days of recieving a notice to quit?
I received a notice to quit and want to be sure that after I move out within the 14 days given to leave that the landlord cant bring me to court for the rent of the months remaining in the lease term. Is that 14 business days? Can they keep the last months rent and security deposit?
Asked on July 10, 2012 under Real Estate Law, Massachusetts
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you were served with a typical notice to pay or quit from a landlord when you were behind in rent and the tenant decides to quit as opposed to pay the past rent, under the laws of all states in this country, the tenant would be legally obligated on the balance of the lease (additional months).
The rationale is that the tenant has breached the lease by getting behind in rent due.
The last month's rent can be retained by the landlord. As to the security deposit, it must be returned unless you have caused damages to the rental and any amount not used to repair damages must be returned to the tenant.
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