Legal Question in Landlord & Tenant Law in Massachusetts

Tenant & Security Deposit

My landlord went into foreclosure, the building I am living in was sold and new landlord says I need to get my security deposit / last month's rent back from my previous landlord. I have made several attempts to contact my previous landlord and he won't return my calls. I don't have a lease, but I do have a Tenant at Will contract with a receipt showing I gave him a $1400 for sec/last month. What do I do now?


Asked on 3/20/09, 9:47 am

3 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Tenant & Security Deposit

I recommend that you speak with an attorney immediately.

You may have certain defenses and counterclaims in the event that the new landlord seeks to evict you.

A few basic points:

The new landlord may not unilaterally remove you from the Premises - only a court can do that.

Your new landlord IS responsible for your last month's rent and security deposit.

Please feel free to contact my office if you would like to discuss this matter further.

Read more
Answered on 3/20/09, 9:52 am
Joseph Murray Joseph M. Murray, Esq.

Re: Tenant & Security Deposit

Retain an attorney. You may have a consumer protection action against both landlords for violation of the security deposit law that may entitle you to multiple damages and attorney's fees. Good Luck!

Read more
Answered on 3/20/09, 12:35 pm

Re: Tenant & Security Deposit

You in all likelihood have a 93A (consumer protection action) as well as a claim under the Landlord-Tenant Law. You may want to retain an attorney to assist you or you may want to file suit in housing court and seek return of the security deposit as well as interest and damages.

Good Luck

Read more
Answered on 3/20/09, 3:21 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in Massachusetts