Legal Question in Real Estate Law in Massachusetts

Am I entitled to my money back if I put down a payment on an apartment without signing a lease then decided within 3 days that I did not want to move into this apartment. What are my options in this situation and what law or laws am I protected by.

Also, I have told the "landlord" that he could keep 1/3 of what I payed. I would just like to know my rights when it comes to a situation where a lease was not in play.

Thank you in Advance

-Micah


Asked on 8/26/09, 10:15 pm

1 Answer from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

If you made an advanced first or last month's rent payment, you should ask for and demand a full refund.

As I suspect, however, you paid a deposit to the landlord/realtor for the benefit of holding the apartment and taking it off the market. If your payment was for the purposes of holding the apartment for you, you probably are not entitled to it back.

But it never hurts to ask.

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Answered on 9/01/09, 8:20 am


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