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This Week's Question

June 14, 2004

By Nena Groskind

 

horizontal rule

Q:   The tenants who occupy a union in a three-family dwelling I own have said they have to move before their current one-year lease expires. They have offered to help find new tenants to replace them, obviously, hoping to avoid having to continue paying rent on the unit until the lease expires. My question is, do I have to accept the tenants they find?
 
A:    No, but there’s no reason for you to reject their help, as long as you make it clear that:
bulletYou have the right to accept or reject any new tenants they propose; and
bulletThe current tenants will continue to be responsible for the full amount of the rent due under the lease until you accept replacement tenants.

It is clearly in your existing tenants’ interests to find replacements, but you benefit as well if the apartment is re-rented quickly and with little or no effort on your part.

 

Marcus, Errico, Emmer & Brooks, P.C.
45 Braintree Office Park, Braintree, MA  02184
Telephone: (781) 843-5000    Fax:  (781) 843-1529
E-mail:  law@meeb.com  Web Site:  www.meeb.com
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