Backing Out of Unsigned Lease Renewal

[mh98]

My question involves landlord-tenant law in the State of: Massachusetts

Hi,
My lease expires on August 31, 2009. I recently emailed my landlord to renew my lease for another year, and he said he would mail the extension form out to me asap.
Now, I've found an apartment close to work, perfect location, available from September.
My question is, can I back out of the commitment with my landlord given that I have not signed the lease renewal yet? There are 60 days left till my lease ends. Can the landlord keep all or part of the security deposit or claim any other dues from me as a result of doing so?
I would be grateful if anyone could help.

[Mr. Knowitall]

What exactly does your current lease say about renewal - is there an automatic renewal provision? Is it clear from the form your landlord sent you that your request for renewal has not yet been accepted?

[mh98]

Thank you for your reply,
my lease is not an automatic renewal.
The exact statement on my lease is:

"Lessee understands that the lessee must inform the Lessor of their intentions to renew the lease 90 days prior to the lease termination date. If the Lessee is undecided by 60 days prior to lease, the Lessor or one of its agents reserves the right to begin showing the property to prospective tenants immediately...
... If a new lease is signed by another party before the lessee renews the lease, the lessee understands that they must relinquish the tenancy at the end of the specified term on the lease agreement"

The lease amendment I have been sent has a lot of legalese, but these words are in bold font:

"Lessee hereby renews its lease effective upon signing this amendment for the period from Sept 1 2009 to July 31 2010"

The amendment is signed by the property manager and the area where I have to sign is highlighted. I have been sent two documents, one for my records and the other to send back to the manager.

Thanks once again

[Mr. Knowitall]

I would try telling the landlord, "I changed my mind", ASAP, and if the landlord comes back with "we had an oral agreement" point out that under the terms of his own document the lease extension is "effective upon signing this amendment" and thus not effective before that point.

If you're lucky you'll never have to debate the finer points. If you're really unlucky, you may end up having to argue this to a judge. In between those extremes, if you wish you can attempt to negotiate with your landlord.