This Week's Q & A

Q: I own and occupy a multi-family house and have rented one of the units to a couple with whom I have become very friendly. They have bought a house themselves and are going to be moving in mid-February, which will be a few weeks before their lease expires at the end of March. They informed me of their plans in December, and do not intend to seek any extra compensation from them for breaking their lease, because I’m sure I’ll be able to rent the apartment quickly. However, they have asked me to try and get a new tenant in place as soon as they leave, so they do not have to pay the balance of that month’s rent. I’d like to do what I can for them, but I will need time to repaint the unit and so would prefer to bring new tenants in March 1. Am I required to bring in a new tenant earlier if I can find one?

A: Reading between the lines of your letter, it seems that you are concerned about the extent of your obligation to make a reasonable effort to replace tenants who break a lease, even though they are legally obligated to pay the rent until the end of the lease term. Massachusetts is one of the few states in which the landlord’s obligation to “mitigate damages” is not established by statute or legal precedents. Nevertheless, attorneys generally advise property owners to fill a vacant unit as soon as possible, given the possibility that some judges will react negatively to owners who intentionally leave a unit vacant simply to punish a former tenant. Landlords also have to consider the difficulty of collecting the balance of the rent due on a broken lease, even if the court rules in their favor.

Your situation is a bit different from the norm. You’re not dealing with tenants who have sneaked out in the middle of the night, or even in the middle of their lease. They’ve given you plenty of notice and, apparently, you are doing what you can to ease this transition for them. This all sounds refreshingly civilized and quite reasonable on both sides – until you get to the part about your tenants wanting you to, essentially, stand on your head to get the apartment instantly in move-in condition find tenants who want to move in the middle of the month, and waive half their month’s rent on top of that.

I think your tenants are imposing on your friendship and your good nature. And I think you need to look at this situation more as a landlord than as a friend. Your tenants have a right to remain in the apartment until their lease expires, and you have a right to continue collecting rent for that period as well, whether they are occupying the unit or not. Your tenants should appreciate your willingness to forgive the last month’s rent for which they are obligated (something few landlords in your position would be willing to do), and you should tell them, politely, but firmly, that you need those two weeks in February to prepare the apartment for new tenants, and expect them to pay the full amount of the rent due. You might also remind them of their legal obligation to continue paying the rent through March, if you are not able to rent the unit as quickly as you anticipate.

I would certainly encourage you to be reasonable in dealing with your tenants. But there is no definition of “reasonable” that should require you to lose rental income in order to accommodate their home purchase schedule.