Legal Question in Landlord & Tenant Law in Massachusetts

can I get a deposit to hold an apartment back if I do not want it anymore?

I recently just applied for an apartment and got excepted.I handed over a deposit to hold the apartment last week and was going to sign the lease and receive my keys.I seen some minor things that need to be changed before I moved in.The carpet had huge visible stains and it was smelly and there was mold around the shower. I asked the landlord to shampoo the rug and re-caulk the shower.He said he would only scrape the mildew from the shower and that he wouldn't shampoo the rug.He stated he's not doing it and it is what it is with an attitude.He was very abrasive and unpleasant and made my boyfriend and I feel extremely uncomfortable.At this point I don't want to invest my hard-earned money into an apartment where I don't feel appreciated or comfortable.I do not want to sign the lease and I want my Deposit back for holding the apartment.


Asked on 9/27/14, 3:29 pm

1 Answer from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

I welcome the opinion of others here, but I can't help but feel that the deposit was payment to your landlord in exchange for him agreeing to keep the apartment off the market and hold it exclusively for you. If the landlord lived up to his side of that deal by holding the apartment for you, then I think you got your money's worth. My answer would change if you paid the deposit with the understanding that certain items would be fixed, and the landlord then changed his mind after the fact.

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Answered on 9/29/14, 4:26 am


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