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?
3 Answers from Attorneys
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.
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!
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