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Does My Landlord Have to Mitigate Damages in Massachusetts?
If you're a Massachusetts renter, your landlord is required by law to try and find a new tenant to replace you if you move out early.
The Massachusetts court case Gagne v. Kreinest established a landlord's responsibility for mitigating damages. The decision reads:
A residential lease may include a clause that holds the tenants responsible for paying the landlord for losses she may suffer as a result of an early termination of the lease (such as the cleaning and repainting costs). A landlord, must, however, use reasonable diligence and mitigate damages in the case of an early termination.
This means that, as long as you are able to provide your landlord with a new, similarly qualified tenant, you should not be held responsible for any future rent payments. Your landlord cannot unreasonably refuse the tenant you offer as your replacement.
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