Legal Question in Landlord & Tenant Law in Massachusetts

get deposit and rest of rent back

I gave 2-weeks notice to landlord, they ask more days until they find next tenant, but the things were we didn't have a lease. As the landlord asked, I pay cash for the rent every month, and they don't sign a receipt for me. How do I get the deposit back?


Asked on 4/23/08, 3:18 pm

3 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: get deposit and rest of rent back

The landlord may hold one month's rent at least, as your notice was not sufficient.

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Answered on 4/24/08, 6:12 am
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: get deposit and rest of rent back

In the absence of a lease, you presently have a tenancy-at-will. Your tenancy proceeds on a rental period - by - rental period basis. You need to give your landlord at least one rental period notice that you are terminating your tenancy.

Assuming that you are paying your rent every month, you need to give one month's notice to your landlord.

However, if your landlord is violating the security deposit law (which he probably is), then you are entitled to your security deposit back immediately upon written demand.

You may want to speak with an attorney in your area.

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Answered on 4/24/08, 10:01 am
Joseph Murray Joseph M. Murray, Esq.

Re: get deposit and rest of rent back

Retain an attorney in your local area as you may be entitled to immediate return of your security deposit if the landlord violated the security deposit law by failing to give you a receipt for it.

Certain violations of the security deposit law may also entitle you to triple damages and recovery of your attorney's fees.

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Answered on 4/24/08, 5:37 pm


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