Terminating your Tenancy Because of Domestic Violence

One of the things that I like about being a lawyer is that there is always an opportunity to learn something new.  Even though many cases seem similar, there is always something that makes the case unique and interesting.

Last month, I received a call from someone who had been a victim of domestic violence and needed some advice.  I explained to her that I do not practice in the areas of domestic violation, divorce or criminal law, but told her some steps she could take regarding the incident.  She was grateful for that information, but her question though focused on her living arrangements.  She and her spouse were renting an apartment and she wanted to know whether she could get out of her lease.

The Massachusetts Legislature addressed this issue about two years ago enacting sections 23-29 of Mass.Gen.L. ch. 186.  These seven sections permit a victim of domestic violence, rape, sexual assault or stalking to terminate a lease or change locks on the unit under certain conditions.  This post will focus on the conditions under which a tenant may break a lease.

If you are a tenant or co-tenant and need to move because you are a victim of domestic violence, rape, sexual assault or stalking or you are reasonably in fear of imminent serious physical harm from domestic violence, rape, sexual assault or stalking. then you may terminate your lease so long as you do the following:  notify the landlord in writing within three months of the most recent act against you.  You will still be responsible for 30 days of rent or one rental period, whichever is longer, but then you will have no further liability under your lease. In most cases, if you pay your rent monthly that means you will be responsible for one full calendar month of rent after notice.  

The landlord has the right to ask for proof that you are a victim of domestic violence, rape, sexual assault or stalking from what is known as a "qualified third party".  A “Qualified third party”, is defined by the statute as "a police officer, as defined by section 1 of chapter 90C, law enforcement professional including, but not limited to, a district attorney, assistant district attorney, a victim-witness advocate, probation or parole officer; an employee of the Victims Services Unit of the department of criminal justice information services; an application assistant in the address confidentiality program of the state secretary under section 2 of chapter 9A; a licensed medical care provider; an employee of the department of children and families or the department of transitional assistance charged with providing direct service to clients, or a manager or designated domestic violence or abuse advocate within either department; an active licensed social worker; a licensed mental health professional; a sexual assault counselor as defined in section 20J of chapter 233; or a domestic violence victims’ counselor as defined in section 20K of said chapter 233.".  

The language of the statute does not require that the perpetrator of the acts be a co-tenant.  If a victim is residing somewhere and a stalker finds out, the victim can move assuming the process outlined in the statute is followed.

The remaining tenants are not released from liability and their lease remains intact.  If you residing with several people and you must move out based on this statute, your roommates will be on the hook for the totality of the rent without you.