jbnewengland
Nov 9, 2011, 07:26 PM
Below is the NJ law for breaking a lease due to disability. Is there one in Massachusetts?
The law recognizes that death or serious illness often requires households to search for less expensive housing, including moving in with other family members. The law provides that any lease for one year or more may be ended before it expires if the tenant or the tenant's spouse dies. The landlord must be given written notice of the lease termination by the tenant or the tenant's executor or administrator, or the surviving spouse if the names of both spouses are on the lease. The lease termination becomes valid 40 days after the landlord receives written notice if (1) the rent owed up to that point has been paid; (2) the property is vacated at least five working days before the 40th day; and (3) the tenant's lease does not prohibit early termination upon the tenant's death. Cite: N.J.S.A. 46:8-9.2.
The law recognizes that death or serious illness often requires households to search for less expensive housing, including moving in with other family members. The law provides that any lease for one year or more may be ended before it expires if the tenant or the tenant's spouse dies. The landlord must be given written notice of the lease termination by the tenant or the tenant's executor or administrator, or the surviving spouse if the names of both spouses are on the lease. The lease termination becomes valid 40 days after the landlord receives written notice if (1) the rent owed up to that point has been paid; (2) the property is vacated at least five working days before the 40th day; and (3) the tenant's lease does not prohibit early termination upon the tenant's death. Cite: N.J.S.A. 46:8-9.2.