Legal Question in Landlord & Tenant Law in Massachusetts
My wife and I recently vacated a rental property in Massachusetts in which the landlord's daughter & boyfriend were upstairs tenants. They began harassing us on a fairly regular basis to the point in which we had to seek a new home. The landlord did eventually agree that it would be best for us to seek a new abode, and at that time agreed to release our security deposit, and our last month's rent back to us. We never formally got this info in writing, but do have it in a text message. When we finally moved out she decided to keep the remainder of the last months rent, which totaled the better part of $1,000.00 under the pretense that we broke the lease, and she could have made us to pay the total remaining balance of the lease had she decided so. Is it worth taking the matter to a small claims court? Also, is there a chance that she can counter and sue us for the balance of the lease she agreed to nullify?
1 Answer from Attorneys
Is it worth taking the matter to a small claims court?
Response 1: Yes, it is worth it.
Also, is there a chance that she can counter and sue us for the balance of the lease she agreed to nullify?
Response 2: She may countersue. However, it is unlikely that she would prevail. You have her agreement to release you from further obligation under the lease in writing--the text is a writing.
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