1234seventeen5678 t1_jdy6ebg wrote on March 28, 2023 at 1:23 AM

Reply to comment by Lt_muckety_muck in How do you ensure a subletter doesn't reneg on a signed sublease agreement? by Lt_muckety_muck

Lower the overall price if they pay full upfront? And/or require first month right away if not

aray25 t1_jdyh136 wrote on March 28, 2023 at 2:40 AM

It is illegal for a landlord or sublessor to accept full payment in advance in Massachusetts, even if the tenant or sublessee offers.

Absurd_nate t1_jdyv3to wrote on March 28, 2023 at 4:48 AM

Massachusetts also allows requiring first and last month, which would be full in this case. I don’t think the full payment would be an issue given the length of the lease.

Legally I’m pretty sure you could argue a cheaper “pay in full” just by calling it a 2 month sublet with first and last required, and the more expensive option just called a month to month rental, but I’m not a lawyer.

aray25 t1_jdztlvj wrote on March 28, 2023 at 12:11 PM

You're right, I'd missed that this was only a two-month sublet. Accepting full payment as "first and last" should be legal, but there are a bunch of rules around the collection of last month prepayment that OP probably doesn't want to deal with.

Lt_muckety_muck OP t1_jdyriou wrote on March 28, 2023 at 4:12 AM

Good info, thank you. Though I know this happens all over Boston.