Legal Question in Landlord & Tenant Law in Massachusetts

on April 29, 2011 i made a verbal agreement to rent a home located at 122 west Murphy st davenport, fl with a realtor named Andrey at all American realty.we spoke on the phone on two separate occasions. i asked Andrey what exactly needed to be repaired. Andrey told me that there was a small leak in the roof, wall repair related to the leak, and the last tenant left the house very dirty, and "smelled like a dead body." and that it would need to be cleaned before i was able to move in as it was unlivable in the condition it was left in. He told me it would only cost between 80 to 100 dollars for the few repairs. both times i spoke to Andrey i asked him what needed to be done and each time he told me the same thing. i transferred 650.00 into the companies business account for first and security on April 29, 2011. after i sent him confirmation of the deposit he e-mailed me a copy of the lease which he asked me to print, sign and date, and fax back to him along with a fax of the bank deposit slip. I faxed him the copies, and told him i would be able to move from Massachusetts to Florida as soon as i had enough money for travel and the repairs. i was unable to move to davenport because of health matters until June 9, 2011. on June 8, 2011 i e-mailed Andrey and let him know i would be at the above named property on the 9Th of June 2011 at 5:30 pm. upon arriving at the house i did not see Andry and waited for him for a half an hour.I found the house to be in condemned condition. the repairs that i could see needed to be done with my own eyes not being a contractor were as fallows. the entire roof needed to be replaced, the windows all needed to be replaced because some were broken out and some were just plan falling apart. the ceilings were falling down, the walls were full of holes and falling apart. the floors were all very unstable and rotten. the house was propped up on cement blocks the were not attached to the house in any manner, and there were no support beams under the home to keep the floors from caving in. i called Andrey immediately and told him that he was very dishonest about the condition of the house, and that i was not going to take possession of the house. He informed me that he was on vacation and would be back in Orlando the fallowing week.i told him i wasn't going to take possession of the house and i wanted my $975.00 deposited back into my checking account. he told me to think about it and let him know. i then sent him a text informing him that i was in fact not taking possession of the house and to refund my money. he never signed the lease he did not give me keys to the house or even be present when i arrived. i e-mailed Andrey on the 13Th of June 2011 to tell him to refund my money he told me he was out of town and to e-mail him copies of the bank receipts to show what was paid and when. i did so and he sent a reply saying that he would take care of it right away.i again e-mailed Andrey on June 17, 2011 to tell him to refund my money immediately.this was his response

From: Allin1 RealEstate View Contact

To: Anita Jeffries Tenant new 122 W murphy st

--------------------------------------------------------------------------------

No problem. I am out of town and traveling back to florida. Please help me to make this official. Please provide the reason why you canceled you agreement and provide request and reason for your refund, and I will gladly handle this next week. You must understand, that by your actions you have caused us a financial loss once we removed property off the market, waste of time and loss of clients, as you agreed to take the place after you knew of the condition and agreed to all repairs, and we have taken property off the market, and after a month later you have changed your mind, so legally we had a contract, and I don't have to refund your money as we had a lease, so what I am doing is more of a favor, but now I see that you don't appreciate what is done for you and making things difficult, therefore as per lease rental agreement please provide all your request, reasons for cancelation of the lease in writing. Please provide the address of where the refund would be sent and we will send you a refund accordingly with your agreement, and everything in writing, as I will deduct rent for the time you secured the property off the market until the day you decided to cancel your agreement and penalty for breach of the agreement. Once I get your written request of lease, cancelation and the reason why we should honor your lease cancelation, we will respond according to law and will provide you with a refund accordingly with your lease rental agreement.

Thank you.

All mail need to be sent to PO BOX 421117. Kissimmee. FL, 34742.

Sent via BlackBerry from T-Mobile

what can i do to make Andrey accountable for his dishonesty, and con man actions? thank you, Anita Boibeaux [email protected] i never occupied the above residents. in fact i had to sleep in my car that night and turn around and drive back to Massachusetts. can i make him responsible for my travel expenses?

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