Need Advice for Landlord/ Lease Troubles

[edithspage.livejournal.com]

Hi guys,

I wanted to get your input on a situation that I have in Davis Sq. I currently rent the 2nd floor of a house. My landlord is making me decide 5 months in advance whether or not I am renewing the lease. She wanted me to decide by April 1st. But we were/are unsure if we are staying.

So I didn't resign--explained that the job situation is unsure at the moment-- asked if we can please have a month to think about it. She has now re-listed the apartment for $400 more per month than we pay now & has brokers coming through our apartment showing it. Says we will now have to resign at the new rate. Also, now for 5 whole months before we move out we have to deal with brokers trekking through our house with potential renters?

Has anyone else experienced this before? Is it normal to have to resign the lease 5 months prior? Are all the places in Davis Sq/ Cambridge area like this? I am new to MA.

Also there is no "out" in the lease, so we'd be responsible for the entire year if we re-signed.

My questions are:

1. Do all apartment leases in Davis Sq require 5 months advance notice for resigning the lease?
2. Is it legal for landlord to show my apartment for 5 months in advance?
3. Do all the leases in the area require you to be fully responsible for the entire lease if you are job relocated? I have lived in NYC, Los Angeles, and NC & there is always an "out clause" on every lease. You pay a penalty (usually 1 months rent, sometimes 2), but always there is a way to break the lease without being fully responsible for the entire time left.

Comments

[nathanjw]

It's early but only a bit early. I expect to hear from my landlord in a month or so.

That kind of raise sounds absurd, though, unless you got a spectacular deal in the first place. Last year I was able to get my rent reduced - the market was soft in general, and there was a near-identical place next door being listed on Craigslist for less. I don't think the market has spiked since then, so it's time for you to do some research to find out if $400 is even remotely reasonable.

Having no "out" is totally normal here. But as other people have said, it's awfully hard for the landlord to actually collect if you up and leave, and they have an affirmative obligation to try and re-rent it -they don't get to just sit back and collect money from you until the lease expires.

[icecreamempress.livejournal.com]

But as other people have said, it's awfully hard for the landlord to actually collect if you up and leave

This is not a chance I would want to take; it's neither hard nor expensive for landlords to get a judgment against you for the balance of a lease, and it's not something you want on a credit report.

[nathanjw]

In MA? They have to show a bona fide effort to re-rent the apartment, and that it failed. Most landlords aren't going to bother.