How to Break a Lease in Boston

Sometimes you need to move before your lease ends. Whether it is due to a job change, family emergency, or serious housing problem, Massachusetts law and your lease terms determine your options.

Legal Disclaimer
This guide is for general informational purposes only and does not constitute legal advice. Laws may change and individual situations vary. For advice about your specific situation, consult a qualified attorney or tenant rights organization.

What is a Lease?

A lease is a binding legal contract. Breaking it early means you are not fulfilling the agreement. However, your options depend on both Massachusetts law and the terms written in your lease.

Before taking action, review your lease for:

Early termination clause

Some leases allow tenants to end the lease early with notice and a fee.

Subletting clause

You may be allowed to find a replacement tenant who temporarily takes over the unit.

Lease assignment clause

Some leases allow you to transfer the remainder of the lease to another tenant.

Specified penalties

The lease may outline fees or financial responsibilities for early termination.

Legal Reasons to Break a Lease (No Penalty)

Massachusetts law allows you to break a lease without penalty in certain situations. Certain situations may allow tenants to terminate a lease early under Massachusetts or federal law.

Age 62+ & Moving to Subsidized Housing

Massachusetts law (M.G.L. Ch. 186, §24) allows seniors who move into subsidized housing to terminate a lease with 30 days’ written notice.

Active Military Duty

Under the Servicemembers Civil Relief Act (SCRA), military members can terminate a lease when called to active duty or deployed.

Uninhabitable Conditions

If a landlord fails to maintain a habitable apartment (such as lack of heat, safety hazards, or pests), tenants may have grounds to terminate.

Landlord Harassment

Landlords must provide reasonable notice before entering. Repeated unlawful entry or harassment may justify ending a lease.

Domestic Violence

Massachusetts law allows victims of domestic violence or sexual assault to terminate a lease early with proper documentation.

Potential Costs of Breaking a Lease

If you don't have a protected reason, breaking a lease can be expensive.

Remaining rent owed

Varies

Varies depending on how quickly the unit is re-rented by the landlord.

Early termination fee

Fixed Fee

Often 1–2 months’ rent if specifically written into your lease.

Re-renting costs

Direct Costs

Advertising, broker fees, or other costs the landlord incurs.

Lost security deposit

Up to 1 Month

Up to one month’s rent if used to cover unpaid rent or damages.

Your Landlord Must Try to Re-Rent

Massachusetts law generally requires landlords to make reasonable efforts to re-rent the unit if a tenant breaks a lease early. They cannot simply leave the apartment vacant and charge you for the full remainder.

The landlord must actively attempt to find a new tenant

They should consider qualified applicants who apply for the unit

You are typically responsible only for rent during the vacancy period

Boston Advantage
Boston’s tight rental market works in your favor. Apartments often re-rent quickly, especially for Sept 1st cycles, which limits the time you are responsible for rent.

Your Options

Option 1: Negotiate with Your Landlord

Start here. Many landlords are willing to work with tenants who give plenty of notice, help find a replacement, or have a strong relationship.

Option 2: Sublet (If Allowed)

Find someone to temporarily take over your apartment. Keep in mind that you remain on the lease and financially responsible if the subtenant does not pay rent or causes damage.

Option 3: Lease Assignment

Transfer the remainder of your lease to a new tenant approved by the landlord. Once approved, you are usually released from further responsibility.

Option 4: Find a Replacement Tenant

Even if subletting is not allowed, you can offer to help your landlord find a new tenant by advertising the unit and referring qualified applicants to minimize their vacancy time.

Option 5: Pay to Break the Lease

Some leases include an early termination clause that allows you to end the lease by paying a fee, typically one to two months’ rent.

Step-by-Step Process

1. Review your lease

Look for an early termination clause, subletting rules, and lease assignment language.

2. Give written notice

Notify your landlord in writing. Keep it professional and include your planned move-out date.

3. Propose a solution

Offer a plan: help find a replacement tenant, pay a fee, or arrange a sublet.

4. Get it in writing

If you agree to new terms, ensure everything is documented before you move out.

5. Help re-rent the unit

Share the listing and refer qualified applicants to minimize vacancy time.

6. Document everything

Save copies of all communication and notes on the landlord’s efforts to re-rent.

Breaking Due to Uninhabitable Conditions

If a landlord fails to maintain a safe and livable apartment, you may have grounds to terminate without penalty.

Document the problems — Take photos and records of dates and issues.

Notify the landlord in writing — Clearly describe the problem and request repairs.

Allow reasonable time for repairs — Landlords must have an opportunity to fix the issue.

Get Legal Advice First
Breaking a lease due to habitability issues can backfire if done incorrectly. Contact City Life / Vida Urbana at (617) 227-4878 or Greater Boston Legal Services before taking action.

Resources

City Life / Vida Urbana: (617) 227-4878 — Free tenant assistance
Greater Boston Legal Services: Free legal help for qualifying tenants
Mass Legal Help: masslegalhelp.org