Breaking a lease in Massachusetts

If you are the tenant

• Tenant or landlord: A tenancy at will ends by written notice of at least one full rental period or 30 days, whichever is longer, and the notice must expire at the end of a rental period (c. 186, § 12; Mass. court system guidance). Time runs from when the other party receives the notice: to leave by April 1 with rent due on the 1st, the landlord must receive notice by the end of February.

Written notice required: Yes. Notice to end a tenancy at will must be in writing (c. 186, § 12).

A tenant who leaves before a lease ends risks owing rent until a new tenant moves in and losing the deposit; the landlord must make a reasonable effort to re-rent (MLRI Legal Tactics, ch. 11).

Landlord's duty to re-rent: Yes. MLRI's Legal Tactics says the law requires the landlord to make a reasonable effort to find a new tenant, citing Edmands v. Rust & Richardson Drug Co., 191 Mass. 123 (1906) and Woodbury v. Sparrell Print, 198 Mass. 1 (1908), while noting contrary authority in Fifty Assocs. v. Berger Dry Goods, 275 Mass. 509 (1931).

Lease-break fees: No statutory cap on lease-break fees; the lease controls, subject to the landlord's duty to try to re-rent.

• Domestic violence, sexual assault or stalking (M.G.L. c. 186, § 24)

  A tenant whose household member is a victim of domestic violence, rape, sexual assault or stalking can end the tenancy by written notice within 3 months of the most recent act (or when in reasonable fear of imminent harm) and must move out within 3 months of the notice.

  Proof:

  If the owner asks: a 209A/258E protective order, a court or law-enforcement record, or a written verification from a qualified third party (with a statement under penalty of perjury), within the prior 3 months.

  What you still owe:

  Released from rent 30 days or one full rental period after the move-out date, whichever is later; prepaid rent beyond that is refunded.

• Unit unlivable or landlord fails to repair (M.G.L. c. 111, § 127L)

  If certified sanitary-code violations endanger health or safety and the owner does not start repairs within 5 days and substantially finish within 14 days of notice, the tenant may treat the lease as ended and move out within a reasonable time.

  Proof:

  Code violations certified by the board of health, code enforcement agency or a court, and written notice to the owner.

  What you still owe:

  Pays only the fair value of use and occupancy.

Military orders, every state: the federal SCRA lets servicemembers with orders (permanent change of station or deployment of 90+ days) end a lease with written notice and a copy of the orders. How the SCRA date is counted.

• For nonpayment, a landlord may end a tenancy at will with a 14-day notice to quit (c. 186, § 12).
• A written agreement with the landlord to 'surrender' the unit ends the lease without further liability (MLRI Legal Tactics, ch. 11).

• Write a Massachusetts notice to vacate
• Massachusetts security deposit law: getting your deposit back after you move

• M.G.L. c. 186, § 12 Retrieved October 13, 2026.
• M.G.L. c. 186, § 24 Retrieved October 13, 2026.
• M.G.L. c. 111, § 127L Retrieved October 13, 2026.
• Mass. court system: Find out how to start the eviction process Retrieved October 13, 2026.
• MLRI Legal Tactics ch. 11: Moving Out (2025) Retrieved October 13, 2026.

Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; see our methodology.