My daughter and her boyfriend currently live in an apartment in Worcester, MA. Last week a murder was committed in the apt above them. Then the murderers set fire to the apt to hide the crime. The firefighters had to break into my daughter's apt to put out the fire. There was some water damage. We understand that there is a provision in the law that would allow them to break the lease because they do not feel safe in their current apartment.

Their landlord has told them, and others, that they CAN break their lease, but that they (the landlord) will not give them back any money. They moved into this apt in May, 2006. They put down first month's rent, last month's rent and a month's rent as a deposit.

Does the law mandate that the landlord pay back their last month's rent and deposit? The landlord has told people that they DO NOT HAVE THE MONEY to pay them back. Isn't the deposit (and last month's rent) supposed to be held in an escrow account? What recourse do they have.

There will be no legal provision for breaking the lease due to "not feeling safe."

To be sure, you can check the Landlord-Tenant laws:
MASSACHUSETTS: General Laws of Massachusetts, Part 2, Title 1, Chapters 183-189

If the landlord is permitting a breaking of the lease with the only forfeiture being your security deposit, you should count that as fair.

I will agree with rick, if not feeling safe was allowed to break a lease, leases in most major cities could be broke every day.

If the home is not livable, due to fire or water damage, or if the city code inspector does not sign off on the apartments as livable, then they can move out.

If the landlord is allowing them to move out with only losing the deposit, he is being overly nice and they should be happy about it.

One point, if they paid first and last + deposit, then thy can move out without paying the last month, forfeiting only the deposit.

Hello mc:

Being afraid isn't grounds for terminating a lease. However, being afraid because your landlord won't provide necessary security, MAY be grounds for termination.

A murder that occurs in an upscale suburban apartment house wouldn't qualify. But, a murder that occurs in an un-safe neighborhood, where these things occur in the norm, putting the landlord on notice, very well may be grounds for termination.

Depending on your state, the deposit might or might not have to be kept in escrow. The last months rent does NOT. If your state is one of those, and you decide to vacate, you may be entitled to recover THREE times the amount of your deposit. The landlord says he doesn't have it. File a lien on his building - he'll get it.

excon

PS> Should you file suit, a judge would look askance at a tenant who was too afraid to stay, but stayed long enough to use up all his rent.