General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.
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The short version
- A service member can end a residential lease after entering active service, or after receiving permanent change of station or deployment orders, with written notice and a copy of the orders.
- A survivor of domestic violence, rape, sexual assault or stalking can end the lease with written notice within three months of the most recent incident and must move out within three months; rent stops 30 days or one rental period after moving out, whichever is later.
- Either side can end a month to month tenancy at will with written notice of one full rental period or 30 days, whichever is longer.
- Serious Sanitary Code violations the landlord does not fix can justify rent withholding and may support ending the tenancy.
- Courts generally expect a landlord to make reasonable efforts to re-rent when a tenant leaves early, which can reduce what the tenant owes.
Massachusetts lets survivors of domestic violence, rape, sexual assault and stalking end a lease early, and federal law protects service members. Other early move outs depend on the lease and on whether the landlord re-rents.
Massachusetts breaking a lease at a glance
| Rule | Massachusetts | Law |
|---|---|---|
| Military service | A service member can end a residential lease after entering active service, or after receiving permanent change of station or deployment orders, with written notice and a copy of the orders. | Servicemembers Civil Relief Act (50 U.S.C. 3955) |
| Domestic violence survivors | A survivor of domestic violence, rape, sexual assault or stalking can end the lease with written notice within three months of the most recent incident and must move out within three months; rent stops 30 days or one rental period after moving out, whichever is later. | G.L. c.186, section 24 |
| Unlivable conditions | Serious Sanitary Code violations the landlord does not fix can justify rent withholding and may support ending the tenancy. | G.L. c.239 (rent withholding) |
| Landlord duty to re-rent | Courts generally expect a landlord to make reasonable efforts to re-rent when a tenant leaves early, which can reduce what the tenant owes. | Massachusetts case law |
| Month-to-month notice | Either side can end a month to month tenancy at will with written notice of one full rental period or 30 days, whichever is longer. | G.L. c.186, section 12 |
Reasons that allow an early exit
A few situations let a tenant end a lease early with written notice and no penalty beyond what the law allows.
Military service. A service member can end a residential lease after entering active service, or after receiving permanent change of station or deployment orders, with written notice and a copy of the orders. (Servicemembers Civil Relief Act (50 U.S.C. 3955))
Domestic violence survivors. A survivor of domestic violence, rape, sexual assault or stalking can end the lease with written notice within three months of the most recent incident and must move out within three months; rent stops 30 days or one rental period after moving out, whichever is later. (G.L. c.186, section 24)
Unlivable conditions
Unlivable conditions. Serious Sanitary Code violations the landlord does not fix can justify rent withholding and may support ending the tenancy. (G.L. c.239 (rent withholding))
What the tenant may still owe
Outside those situations, a tenant who leaves early is usually responsible for rent until the lease ends or the unit is re-rented, whichever comes first.
Landlord duty to re-rent. Courts generally expect a landlord to make reasonable efforts to re-rent when a tenant leaves early, which can reduce what the tenant owes. (Massachusetts case law)
Month-to-month tenancies
Month-to-month notice. Either side can end a month to month tenancy at will with written notice of one full rental period or 30 days, whichever is longer. (G.L. c.186, section 12)
Mistakes to avoid
- Billing the tenant for every remaining month without trying to re-rent the unit.
- Ignoring a protected early termination notice because it is inconvenient.
- Agreeing to an early exit by phone without a written agreement.
- Keeping more of the deposit than the lawful deductions.
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General information, not legal advice.
Verify current law
We last checked these Massachusetts rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a Massachusetts attorney about your situation.
Laws named on this page
- Servicemembers Civil Relief Act (50 U.S.C. 3955)
- G.L. c.186, section 24
- G.L. c.239 (rent withholding)
- Massachusetts case law
- G.L. c.186, section 12
Official sources
Massachusetts forms for this topic
Letters and checklists for this topic
Asked by landlords in this state.
Can a service member break a lease in Massachusetts?
A service member can end a residential lease after entering active service, or after receiving permanent change of station or deployment orders, with written notice and a copy of the orders. Source: Servicemembers Civil Relief Act (50 U.S.C. 3955).
Can a survivor of abuse end a lease early in Massachusetts?
A survivor of domestic violence, rape, sexual assault or stalking can end the lease with written notice within three months of the most recent incident and must move out within three months; rent stops 30 days or one rental period after moving out, whichever is later. Source: G.L. c.186, section 24.
Does a Massachusetts landlord have to re-rent the unit?
Courts generally expect a landlord to make reasonable efforts to re-rent when a tenant leaves early, which can reduce what the tenant owes. Source: Massachusetts case law.
How much notice ends a month-to-month tenancy in Massachusetts?
Either side can end a month to month tenancy at will with written notice of one full rental period or 30 days, whichever is longer. Source: G.L. c.186, section 12.