Legal Question in Real Estate Law in Massachusetts

security deposit

My husband and I used a realty agency to find an apartment. The agent told us that we needed to send in the application form and a check for last month's rent. She stated that the check was fully refundable until the lease was signed. We did not sign the lease and decided not to take the apartment. We asked for the check back, but the agent had already given it to the landlord who cashed the check. The landlord refuses to refund the money even though the apartment was rented by another tenent. (Our lease was supposed to begin on August 1st, and the new tenents will be occupying the apartment before this date, on July 27th.) How can we get the money back? Are we due any interest on this money? Thank you.


Asked on 7/21/02, 11:36 am

1 Answer from Attorneys
Robert Trant Law Office of Robert R. Trant

Re: security deposit

You should file an action in Small Claims court against the real estate agent and the landlord. You should also include a count under the Consumer Protection Act Chapter 93A and ask for multiple damages. Unless the landlord holds the money for one year, you would not be entitled to interest. Prior to filing the action, you should send a 93A demand letter requesting the return of the deposit. This is a pre-requisite to seeking multiple damages in a Small Claims action. You can obtain more info on the Mass Consumer Website at www.state.ma.us/consumer/Pubs/. A sample demand letter is under "30 Day Demand."

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Answered on 7/22/02, 9:41 am


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