Legal Question in Landlord & Tenant Law in Massachusetts
Can a landlord cash a deposit check without first signing the lease?
I gave a real estate agent a check for first month's rent and agent fee of $4000 as part of a security deposit for an apartment application process. They have delayed getting the landlord's signature on the lease and continued to put ads up for the apartment I signed for. The checks have already been cashed without completing their part of the lease and they did not give me a copy. Is this legal?
3 Answers from Attorneys
Re: Can a landlord cash a deposit check without first signing the lease?
You can demand that they return all your money, including any lease fee you may paid or give you the signed lease and a move in date.
If you are in need of further assistance please feel free to call me next week.
Re: Can a landlord cash a deposit check without first signing the lease?
This is quite illegal, and an unfair and deceptive act or practice. In addition, if the security deposit was more than one month's rent, it violates a clear statute. Please feel free to contact me for a further consultation.
Greg Lee
www.gregleelaw.com
Re: Can a landlord cash a deposit check without first signing the lease?
It is very likely you are entitled to an immediate return of your security deposit under the law.
You are also entitled to a copy of your lease within a short period of time after you sign it.
If I can be of any assistance in this matter, please do not hesitate to contact my office:
www.vaughnmartel.com
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