Legal Question in Landlord & Tenant Law in Massachusetts
Landlord/Tenant Dispute
My sister chose to move out of her apartment after she was there with her parents and another roommate was performing illegal activities (drugs). She sent a request to her landlord (another roommate) requesting her next month's rent, last month's rent and security deposit back. The landlord's father called and said that the landlord was very sad that she moved but acknowledged reciept of the e-mail. It has been more than 30 days and my sister has not yet received any of her deposits/rent back and we are not sure what action to take. We called a lawyer but have not yet heard back from him. The amount in question is $1200 - 400 for July rent (notice was given in June), 400 for last month's rent and 400 for the security deposit. My sister paid for June rent although she had not moved in to the apartment - she was in the process of moving in with the intent to live there when the illegal activities occurred. Previous to this she requested a copy of the lease but was not given a copy and told she didn't need one so this was just a verbal contract. All written communication was done via e-mail and the landlord sent an e-mail with what rent was. Please advise of what to do.
2 Answers from Attorneys
Re: Landlord/Tenant Dispute
Unfortunately, as I see things the landlord is not obligated to return any funds to your sister unless he/she clearly and unequivocally took on all four of the parties as -individual tenants.- I doubt this was done. The agreement was to establish a tenancy in the unit. The division of the rental costs was agreed on among the co-tenants. The landlord was not a party to that agreement.
The landlord took on a tenancy, and the tenancy is still in effect (with three of the four parties there). He or she does not need to give a portion of the money back to honor an agreement to which he or she was -not- a party.
The landlord is not going to reduce the co-tenants' rent because your sister has moved out, after all.
Your sister must seek her rights from her co-tenants.
She may also want to stay friendly with the landlord, especially as he/she has the right to seek removal of tenants due to provable drug activity. There is a statute on point which I have not reviewed in many years, so I will not say exactly what it calls for. If the landlord cares, though, about what is going on (and thus affecting tenants in other units), he or she might be interested.
Of course, this almost certainly involves making your sister a "snitch" against her own parents, as I am reasonably sure that police involvement would be part of the "drug issue" eviction.
Re: Landlord/Tenant Dispute
It would appear your sister's landlord is the Tenant of the Apartment and sub-let to your sister. If that is the case, you should send a formal letter certified mail requestiing the return of the security deposit and last month's rent.
Mr. Lee is correct if the landlord here did not know about the illegal activity, then the landlord may not have any responsibility here.
however, if the landlord is a Co-Tenant so to speak, that is to whom the redress should be sought.
good luck.
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