Legal Question in Real Estate Law in Massachusetts
Proof of Residency
My husband and I received advice from this service several weeks ago regarding filing a claim in small claims court against a landlord who refuses to return our deposit for the last month's rent of an apartment we decided not to rent. Our case will be heard in Novemeber, and we are wondering how to find proof to submit to the court that the apartment in question was rented before the start date of the lease the landlord sent to us. We want to show that the landlord did not lose any renting time by our decision not to rent the apartment. Is the new tenents' residency a matter of public record? Should the realtor that facilitated the transaction give us this information?
We are grateful for any help you can give us. Thank you.
1 Answer from Attorneys
Re: Proof of Residency
The new tenants residency is not a matter of public record. You could contact the tenant and ask him/her when they moved in and if they would give you a copy of their lease. You could contact the real estate broker involved to see if they were involved with the new tenant. The landlord will also have to offer some proof that he suffered damages in order to justify retaining the deposit.
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