[jbnewengland]

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.

[ma0641]

The law you quoted is for "tenant or tenant spousal death", and does not mention illness. Is this your case?

[jbnewengland]

The law I quote states that if a tenant or tenants spouse becomes ill or disabled and can longer pay the rent, they ca terminate their lease with 40 days notice in New Jersey. Of course you would have to supply a doctor's note verifying your illness and inability to work. I was hoping that Massachusetts has the same law (I can't find it).

[jbnewengland]

Sorry... quoted the wrong NJ Law... see below:

Tenant illness or accident. Any lease for one or more years may be ended before it expires if the tenant or the tenant's spouse becomes disabled due to an illness or accident. In such a case, the tenant or spouse must notify the landlord on a disability form available from the New Jersey Department of Community Affairs. Call 1-609-633-6606 to request a copy. The form requires (1) a certification of a treating doctor that the tenant or spouse is unable to continue to work; (2) proof of loss of income; and (3) proof that any pension, insurance, or other assistance to which the tenant or spouse is entitled is not enough to pay the rent, even when added with other income. The lease termination becomes effective 40 days after the landlord receives the written notice. The property must also be vacated and possession returned to the landlord at least five days before the 40th day. Cite: N.J.S.A. 46:8-9.1.

[ScottGem]

NJ's law is pretty unusual as far as I know it may be the only state that permits early termination due to disability.