Legal Question in Landlord & Tenant Law in Massachusetts

Re: landlord/tenant dispute

I apologize on the mistake regarding your parents' involvement.

The analysis, however, remains the same. Your sister did not make an agreement with the unit's actual landlord; she made an agreement with the tenant -- effectively becoming a sub-tenant. Your sister's remedies are against her former room-mate, not the landlord of the unit.

Indeed, your own rephrased question makes this clear -- the room-mate said that she was to "act as the landlord."

If you will claim a violation of the security deposit law against the co-tenant, you can seek damages in a small claims filing, at least for the security deposit. You are likely to get a judgment for this at least, including triple the security deposit. You might also get a judgment for attorneys' fees, if you get an attorney to help.

As a PRACTICAL matter, you will be getting a judgment that will never be honored. I apologize in advance for being both jaded and honest, but collecting money from the former "acting landlord" seems quite unlikely, judgment or not. I would offer to take the case, but I would require you/your sister/family to pay my fees, and promise to give you the fee award back as soon as the ex-"landlord" actually paid ME.

You wouldn't be getting your retainer back any time soon.

As a practical matter, not a legal matter, your sister and your family are out $1200.00. While the courts might TRY to enforce your rights, you will be engaging in a battle with results that are likely to cost more than the anticipated return, if you want to assess "emotional turmoil" at a reasonable value.

Once again, I apologize that my advice seems jaded and cynical, but "I call 'em as I see 'em."