Legal Question in Landlord & Tenant Law in Massachusetts

I'm assuming that your landlord never gave you a statement that showed what he did with your prepaid rent/security deposit (showing where it was deposited - including bank name, address, and account number)?

There are very formal requirements imposed on landlords that dictate what landlords must do with any money taken as prepaid rent or security deposits. If your landlord did not satisfy those requirements he could be liable to you for the amount you paid him, interest, and possible penalties.

Honestly, if your landlord wants to characterize the extra money you gave him (above the first month's rent) as a security deposit, and he didn't satisfy the above referenced requirements, it's much better for you than if it were prepaid rent. You can demand the return of that money and if he doesn't meet your demand he could be required to pay you up to three times the original amount.

To keep things from getting complicated I would just tell him that if he things its a security deposit that's fine, but you're not paying him an additional amount for rent. He can apply the security deposit toward the rent for the last month. If he gives you a hard time give me a call. A simple demand letter, requesting the return of your security deposit and outlining the pitfalls of noncompliance, will often quickly resolve the situation. And if it doesn't, and he ignores the letter, he could end up paying you (and the fees for an attorney's services).

Good luck.