Legal Question in Real Estate Law in Massachusetts
Rental deposit
I own and live in a condo in Woburn. I rented the second bedroom of the condo to someone without signing a lease. Before she moved in she gave me a check for first and last month's rent. She gave me 11 days notice that she found another apartment that would be cheaper for her. The day that she was moving out I let her know in writing that I would not be giving her all of her last month's rent back due to the fact that she didn't give me 30 days notice. I wrote that I would write her a check for the balance of the last month's rent + interest earned on the money after the 30 days were paid for. Was this the legal thing to do? Do I owe her all of her last month's rent even if she didn't give me appropriate notice? She is trying to take legal action.
2 Answers from Attorneys
Re: Rental deposit
You haven't given enough facts. When did she move in (i.e., how long have you
held a deposit?) Did you ever refer to that deposit as security deposit or
always as last month's rent?
More importantly, your statement doesn't make sense to me at all. If she gave
you 11 days notice, then such notice, then why is there any pro-rated rent for
you to return? Normally, on a month to month rental period basis, if she is in
the place for a day of a new month, she owes for the entire month.
But there are other factors involved. You'd better call me to answer
some questions or call another lawyer to get a considered opinion.
I'm at (617) 527-0050; feel free to call.
Good luck.
Stu Williams, Attorney At Law
Re: Rental deposit
You have a duty to mitigate damages. What you must pay her depends on your
success in finding a new tenant. If you try to locate a new tenant and don't you can
keep the month's rent. If you find a new tenant who takes possession before the
month is up you must pay the savings to the old tenant.
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