Legal Question in Landlord & Tenant Law in Massachusetts

Security Deposit

I provided a $500 security deposit for an apartment in MA. I never signed any agreement (i.e. lease/statement advising deposit is non-refundable) & then decided I did not want the unit. I have requested to have the security deposit returned, the landlord is refuting stating we had a verbal agreement that it would be non-refundable. I have a voice recorded call (b/c where I work everything is recorded, but I did not state the call was recorded) but believe it will be inadmissable. I need to proceed to Small Claims Court but am unsure how to win my case. What laws and statutes can I refer to? The landlord has completely changed the story and I have no written documentation, only my phone records and outgoing emails that would suggest his claims are misconstrued.


Asked on 5/14/09, 8:27 am

1 Answer from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Security Deposit

If the $500 was a general deposit in order to hold the unit, then your landlord may have an argument that it is non-refundable.

However, if the $500 was a "security deposit", then it is absolutely refundable, and you should demand its return in writing. Did the check say "security deposit" on it? Is there a letter or e-mail requesting "security deposit"? Good luck!

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Answered on 5/14/09, 9:33 am


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