Legal Question in Landlord & Tenant Law in Massachusetts

landlord problem (time sensitive)

Hi there,

Last August I moved into an attic in Cambridge and signed a 1-year lease. In March we went to the landlords to ask if there was any way we could end the lease in June. They said sure, asked if we wanted it in writing, we said we trusted them (big mistake). Now it's coming time and they decide they want to keep the security deposit. I understand we didn't get it in writing but there are a couple somewhat separate things that wonder if I have recourse:

At move-in, we got no receipt for anything and no information about where the security deposit would be kept.

We got no move-in conditions sheet.

Numerous problems: water was out for weeks, water from one sink is still opaque, landlord's stuff is in our storage closet.

Early on, they took the oven/stove out for a fe wdays and then brought it back while some inspector came by (I think it has to do with the fact that we have no separate entrance?)

What should I do? I have video documenting no stove, no water, but if I bring up something like the security deposit receipt to them, they could just manufacture it now.

I'm meeting with them to address the situation tomorrow. It's Saturday...so I'm hoping people there work odd hours :)

Thanks


Asked on 5/09/08, 10:37 pm

1 Answer from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: landlord problem (time sensitive)

It's a little late, but I hope you get this.

Agree to NOTHING except a "We go, you hold the deposit." Do not argue or anything. Just leave, if they say "No deal."

They have a right to seek rent, but you have a right to a return of the security deposit. The landlord's failure to keep it properly entitles you to triple damages.

However, the landlord also has the right to collect rent until they can find another tenant.

Thus, you each have a "prisoner" to exchange. Your is a little more valuable than theirs.

Good luck.

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Answered on 5/10/08, 9:45 am


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