Legal Question in Real Estate Law in Massachusetts

I entered into a one year MA residential lease for an apartment on Aug 15, 2011. I paid first, last and security deposit of $725 for each totaling $2,175.00.

I experienced a health problem (seriously high blood pressure) while visiting my parents in NY at the end of October. I was not able to drive myself back to MA and was under the care of a doctor.

In addition, there was a freak snowstorm at the same time that prevented me from returning to MA and there was a state of emergency. I had no power in my apartment for over a week and my daughters school was also cancelled during this time.

I contacted my landlord to let her know that I had a health problem I was dealing with and was in NY being cared for by my family. I called my work to tell them that I wasn't able to come in due to the downed power line and dangerous conditions. Even given the situation, my employer terminated me.

I told my landlord that I did not have a job, was ill and that I wanted to terminate my lease. I also told her that in good faith I would pay the November rent and sent her a check for it. I also told her that she could keep my last month rent deposit for December. She agreed, so I ended up paying 2 months of rent and not even living there in good faith to allow her to rerent my apartment.

She is giving me a hard time about giving me back my $725 security deposit and is trying to make me take only half.

Need guidance.


Asked on 2/02/12, 5:10 pm

1 Answer from Attorneys

Joseph Murray Joseph M. Murray, Esq.

Retain an attorney as this requires a face to face interview. Good Luck!

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Answered on 2/03/12, 7:57 am


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