QUESTION: A tenant claims that her live-in boyfriend assaulted her and says she can’t continue to live with him. Both she and her boyfriend are on the lease and jointly responsible for paying the rent. While I sympathize with this woman, I’ve told her that if she moves, both tenants remain responsible for the full monthly rent. She says I must allow her to break her lease without penalty. Is that true?
Yes. The law (M.G.L. c. 186 § 24) requires you to do more than sympathize with her.
It says that if she presents evidence that she is a victim of “domestic violence, rape, sexual assault or stalking” and presents that evidence to you within three months of the abusive act, you must allow her to terminate her tenancy without penalty.
As evidence of the claim, a tenant can submit any of the following:
A copy of a valid protection order issued by a court;
A record of the alleged abuse from a federal, state, or local court or law enforcement official; or
“Written verification from any other qualified third party” to whom the tenant reported the abusive act.
Evidence of a conviction or an arrest isn’t required and it doesn’t matter where the abuse occurred. Early termination is required even if the abuse occurred somewhere other than in the rental unit.
This isn’t a new law; it was enacted in 2013. But knowledge of it seems to have increased, possibly because Alternative Intelligence (AI) tools have made it easier for victims to find it.
The law is designed to protect abuse victims financially as well as physically. It limits the victim tenant’s liability for the rent to 30 days after she gives notice of early termination.
A co-tenant, if there is one, is not entitled to early termination without penalty and remains individually liable for the full amount of the rent for the duration of the lease term. That rule applies regardless of whether the co-tenant is the alleged abuser or simply a blameless roommate.
The statute allows the landlord to hold on to the security deposit until the lease term ends, at which point you must refund it, less any documented deductions, to the tenant who has left and to any co-tenants, in accordance with the state Security Deposit Law (M.G.L. 186 § 15b.) The statute requires the landlord to refund to the abuse victim the full amount of any prepaid rent when this tenant vacates the apartment. However, the wording is unclear on how to handle the last month’s rent if a co-tenant remains after the abuse victim leaves. As landlord’s counsel, we typically take the position that if t was paid jointly by the abuse victim and the co-tenant, the last month’s rent should be handled like the security deposit - that is, the landlord can retain it for the duration of the tenancy.
If an abuse victim wants to restrict access to the unit by a co-tenant who is the alleged abuser, the victim must present a court protective order or official law enforcement record in order to require you to do so.
Documentation is also required if the abuse victim asks you to change the locks, which you must do so, or allow the tenant to do, within two days of the request. If you fail to respond within that two-day window, the tenant can change the locks herself and bill you for the cost (M.G.L. c. 186 § 26).
We often talk about the complexity, vagueness, and nuances in many landlord-tenant laws. Not here. This statute is straightforward and the landlord’s obligations are clear: If a tenant presents evidence of domestic abuse, you must allow him/her to terminate the lease early, without penalty. Don’t push back, don’t ask questions – beyond requiring the evidence the statute requires – don’t delay and don’t challenge the request. If you face off in Housing Court against a tenant who has presented evidence of abuse, there is no question that a judge will rule against you.
If you want more information or advice about this law or about any landlord-tenant issue, Dillon can help. You can contact him via e-mail at dbrown@meeb.com or by phone at 781.849.3630