Legal Question in Real Estate Law in Massachusetts
I signed a 12 month lease in Boston for a 2400/month apartment. I provided first, last and security deposit. Halfway through the lease, the owner (who i signed the lease with) was foreclosed on. I never got a notice until after the sale went through. The new owner's lawyer came to me to announce my eviction. I left on good terms with the new owner within the allotted time. $4800 is still owed to me from the original owner. He lives somewhere in Florida. He has admitted to owe me money, but avoids my calls and will not send documents proving his new address. I am trying to send him small claims court documents, but cant lock down his address. My questions are - How can I legally find his info? Can I call the mortgage provider for his information? Did the new owner buy this debt when they bought the unit? Are they now responsible for paying me back?
3 Answers from Attorneys
You should be able to find him using a technique known as "skip tracing" that is employed by private investigators using proprietary databases. If your landlord failed to return the security deposit after being foreclosed upon, and did not transfer it to the new lender, he owes you three times the deposit, along with attorney's fees. Finally, if he is now living out-of-state the court will not accept a complaint in small claims for a defendant who does not reside in Massachusetts. You would need to file a case in the regular civil docket of the district court and can have him served by certified mail or sheriff down there. Feel free to be in touch to discuss your options in greater detail.
You may want to sue both your former landlord and the bank that took over the property. Subsequent owners have a duty to properly handle a tenant's security deposit. You may want to speak with a lawyer. If you are only interested in going after your landlord, FIRST make a demand under 93A for the return of your deposit, and THEN file suit.
Basically, you have a very good claim against two different parties, which you should be able to find an attorney take on some kind of contingency.
If you hire an attorney to handle the claim, you won't need to do any of this leg-work. I would be happy to discuss your case with you. You can email me at: [email protected]
Related Questions & Answers
-
It is illegal to automatic renewal leases in Mass? Asked 2/03/11, 4:03 pm in United States Massachusetts Real Estate and Real Property
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
