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Updated over 8 years ago,
MA eviction with lease - can you collect lost rent?
I have a tenant who is threatening to withhold next month's rent. I won't go into the specific reasons as I believe they are unjustified. The tenants are on a 1 year lease which started May 1, 2016.
If they broke the lease/abandoned the property, I would be able to sue them for rent for the remaining lease term for the period I couldn't find replacement tenants (MA requirement that a landlord mitigate).
If they withhold the rent, I will likely start the eviction process immediately.
If I evict them, can I recover the unpaid rent for the month(s) they withheld AND the unpaid rent for any period the unit remained un-rented while I find new tenants? I am nervous about evicting if I can't recoup at least some of the rent for the period the unit may remain un-rented.
Thank you.