Legal Question in Landlord & Tenant Law in Massachusetts

Hi

Me and my wife are trying to relocate to Boston, after looking at apartments we find one that we like trhough a broker. the Agreement was that we will have to pay the first rent as well as the deposit. we fill out the application and we gave a check in the name of the broker agency, and we got a Deposit receip form him. the next day we got a call from him asking us to give an extra month of rent. we have refused so the landlord was not ok to rent anymore. so we agreed with the broker that we will do a second trip to boston to look at more apartment. only he went ahead and cashed our check.

the deposit Receip says: "we agreed that that we are leaving a deposit to secure the apartment at the above stated address and we understand that it is a non-refundable deposit unless the landlors rejects our application"

the broker should not had to cash our check what can we do here plese help

thanks and regards

Ima


Asked on 5/18/11, 3:03 pm

2 Answers from Attorneys

The broker was not entitled to cash the check. You should not be required to make an additional deposit until the lease is signed. The landlord rejected your application by requiring an additional deposit.

If he does not return the deposit, then contact an attorney to write a letter demanding the return of the deposit.

Next time you deal with an agent, state that no deposit shall be forefeited unless a lease is executed by both the Landlord and the Tenant.

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Answered on 5/18/11, 3:58 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

I agree with the previous attorney. I would retain counsel to prepare a demand letter to both the landlord and the broker pursuant to Chapter 93A (the Consumer Protection Statute). Your landlord changed the rules mid-stream and still expected you to be bound. This is unacceptable.

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Answered on 5/19/11, 6:05 am


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