Legal Question in Real Estate Law in Massachusetts

Deposit For My Apt

I need to know if the landlord sells the apt. building in which I live to another landlord is he legally bound by law to return my deposit. The property is no longer his. There is a new lanlord now. I still live in the same apt. Thank you.


Asked on 8/18/99, 12:47 pm

2 Answers from Attorneys

Alan Pransky Law Office of Alan J. Pransky

Re: Deposit For My Apt

The old landlord can either return the money to you or transfer the deposit to the new landlord. If the new landlord does not receive the money, the law will treat him as receiving the money.

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Answered on 8/19/99, 11:58 pm

Re: Deposit For My Apt

He is required to account for the deposit so that

you can get it back from the new owner when you leave

and so that it is in escrow in the meantime (as is

always the case for security deposits -- and interest

is to be paid to you annually, by the way!)

http://www.magnet.state.ma.us/legis/laws/mgl/186%2D15b.htm

contains the details. Find the part that starts with this:

(5) Whenever a lessor who receives a security deposit transfers his interest in the dwelling unit for which the security deposit is

held, whether by sale, assignment, death, appointment of a receiver or trustee in bankruptcy, or otherwise, the lessor shall

transfer such security deposit together with any interest which has accrued thereon for the benefit of the tenant who made such

security deposit to his successor in interest, and said successor in interest shall be liable for the retention and return of said

... and read to the end of that section.

Call me or write to me if you need help.

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Answered on 8/20/99, 12:00 am


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