Can my landlord charge me a fee for approving an assignment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my landlord charge me a fee for approving an assignment?
I have to move to another state for work ASAP. I signed a lease for another place in my neighborhood (my current apt is loud) but now I need to get out of the upcoming lease. The broker said that if I break the lease they will keep my first and last month rent and can also charge me a fee of another two months’ rent. Instead, I want to do an assignment – transfer my lease to another person. I have a great candidate, but the broker says he must charge us another broker fee because the rental office handles all documents for the building and that’s their policy. Is this legal?
Asked on July 16, 2012 under Real Estate Law, Massachusetts
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If your written lease does not have a specific provision within it about an assignment fee for your lease to another person as in a sublet, then your landlord cannot contractually or legally charge you an assignment fee (or a broker fee) as a matter of policy for what you want.
I suggest that you consult with a landlord tenant attorney about this situation and the best way to try and resolve as well as to safeguard your interests.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.