Legal Question in Real Estate Law in Massachusetts
Returning deposit pre-lease signing
I thought I wanted to rent an apartment, so I gave the landlord a check as one step in the renting process. The landlord wanted a check for the equivalent of three months rent- deposit, first and last months rent. I told him until I had a signed lease I didn't want to give that much and offered the equivalent of one months rent. We never explicitly defined what this money represented - security, first months rent, nothing. I did orally say I wanted the apartment though. The landlord took the check but said twice that this was not an agreement and we still needed a lease signed before it was all final. He wanted a few days to prepare all the paperwork. The only paperwork he has from me is a signed rental application and my check. Two days after giving him the money, I discovered that I would not be able to rent the place and immediately notified the landlord, asking for my check returned. He is now refusing, saying we had an agreement. Does he have any rights to the money? He never said it would be forfeit if I didn't sign the lease.
3 Answers from Attorneys
Re: Returning deposit pre-lease signing
Since the landlord said that there was no agreement without a written lease, the
landlord must return the money. You can always put a stop payment on the check.
Re: Returning deposit pre-lease signing
Read the application that you signed very carefully. This document may answer your question about whether the landlord can keep the deposit you presented with your application to rent.
If the application does not have any specific language, then send the landlord a certified letter, informing him in writing of your decision not to rent, and requesting your deposit back. If you are able to revoke your offer to rent, this should create a record of your revocation. Send the letter by both first class and certified mail, and indicate that on the letter.
If the money you gave the landlord was to reserve the apartment, and hold it for you, then the landlord may be able to keep it. If it was part of the deposit which would be made when the lease was signed, you should get it back. The answer depends on what you said, what the landlord said, and what the application you signed said. It would be worth your while to sit down with an attorney for an hour, to understand your rights and obligations. The answer to the question "Can I get the money back" depends on exactly what the agreement was between you and the landlord, and applying the law to the facts. You need an attorney to give you advice, after understanding exactly what the agreements were.
Re: Returning deposit pre-lease signing
Fax me your rental agreement, to (617) 527-1763.
Also indicate your name and phone number and the
landlord's name and phone number for me on the
paper. A couple hours after you send the fax, give
me a call, too. If you prefer to write, use
[email protected] as e-mail address.
Stuart Williams
Law Offices of Stuart J. Williams
21 Walter St.
Newton, MA
02459-2509
(617) 527-0050
Stuart Williams
Law Offices of Stuart J. Williams
21 Walter St.
Newton, MA
02459-2509
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