Legal Question in Landlord & Tenant Law in Massachusetts

What can I do, if my sublessor is not willing to return my security deposit and his address on the rental agreement appears to be invalid?

I spent a couple of months in Boston as a visiting scholar and rented subletted a small apparament.

My sublessor is not willing to return my security deposit of $400. He did not not specify any reasons. By is own words, he cannot return the deposit because he spent it on something else.

After waiting two months, I lost patience and I sent him a demand letter. However, the address he provided on the sublet agreement appears to be invalid. I have sent the letter via registered mail, but it did not arrive. I also tried to call him a couple of times, but he always says the he will transfer the money on the next day, which does not happen.

I still have this following things:

- Rental agreement

- Keys to the place

- Address of the original landlord

- Valid cellphone number

- Name (his real name, I checked with the original landlord)

- Friends who visited me at the place and could act as whitnesses

- Transfer voucher of the security deposit (from my account to his account, both Bank of America)

What can I do in this case? To which institution can I turn to?

Kind Regards,

Michael


Asked on 2/01/11, 2:46 am

1 Answer from Attorneys
Nicole Reeves Lavallee Reeves Lavallee, P.C.

Once you get a valid address for him I would either have him served by a constable a 93A demand letter or a lawsuit. You can file small claims in housing or district court (where you lived) seeking the return of the funds.

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Answered on 2/02/11, 5:35 am


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