Legal Question in Landlord & Tenant Law in Massachusetts
My landlord sold the property we lived in and asked us to move out early so the sale could close sooner. We negotiated a settlement of the return of one month's rent in exchange for us moving out early. We upheld our end of the agreement and moved out on time. The landlord now called me and said he's going to file bankruptcy and offered me a new settlement of the return of our security deposit as full and final settlement (which is only half of what he owes us). He's requiring that I put it in writing that the return of the rental deposit is full and final for everything he owes me before returning my deposit. He said if I don't, I'll just have to deal with the bankruptcy courts for all of it. My question is, if I put it in writing that it's full and final in order to get my security deposit back, to at least get some money, can I still go after the other money? I don't want to end up with zero, but I also don't want him to get away with taking advantage of me and scaring me into stealing my money. Will agreeing to full and final settlement under these terms (where I feel like I'm being forced and threatened) relinquish my rights to a future claim? Or, can I send the email to try to get some money and then still file for the month's rent.
1 Answer from Attorneys
First, he is violating the law by requiring you to sign a statement that it is full and final. He is required to keep all secuirty deposits separately and failure to do so would qualify under the law as an act of moral turpitude, so the debt can be challenged under the bankruptcy act.
He should include interest on the security deposit as well. If he did not comply with the security law in disclosing the bank where he kept the security deposit, then he is subject to treble damages for same.
Having said all this, what I would sign is an acknowledgement that the Security Deposit has been paid in full. Then you can try to get the other months rent.
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