Should I be able to get my security deposit back since the landlord lied about the terms of the lease? (Boston: 2015, apartment)

[edinna]

Hi all,

Recently I have found myself in a crummy situation because of the untruthfulness of a landlord that I was dealing with. We verbally agreed to do a 1 year lease beginning January 2015 to January 2016. I then put a 2595$ security deposit down to hold the apartment (mind you I have not gotten a receipt nor did I fill out any official security deposit form). She told me that the apartment was off the market and was mine to lease out. When she sent me the official lease it had the termination date all wrong. She made the termination date July 2016 instead of January, making it a 1 1/2 year lease instead of a 1 year lease. She claimed that they have 'black out' months which don't allow tenants to terminate their lease during. However, she never mentioned that to me during our phone calls and it was never written on any paperwork that I had signed. She now will not work with me to change the termination date on the lease and is trying to rush me into signing the lease. I feel as if I should be entitled to getting my security deposit back considering I put the deposit down on the conditions that we verbally agreed to. Do I have a reasonable case to be able to get it back?

Thanks
Ed

[jayrandom]

Don't look at this as how you can get your money back, but rather how she can legally keep your money. She can't.

Massachusetts Law about Tenants' Security Deposits

Hopefully you wrote a check. The only hurdle you have to clear is some proof that the money is yours. Without a signed lease or you having lived in the apartment she has no standing on keeping the money. Ask for ithe "deposit" back and if that doesn't work pursue legal recourse.

[kingeorge]

She is not entitled, but you need to be more careful. Welcome to wonderful world of Boston RE. You never give your money out just like that. And, you do need to be more assertive with documents. But, in this instance it might work in your favor not to have lease or anything to show for.

Most landlords do no not like January move out dates--too little activity on the market, and it is harder to find a replacement. This is something you need to consider too, unless you are out of Boston next year.

She is out to protect herself and she did pull the trick on you. But, you should be able to back out. Without signed lease there should not be any legal standing for her to just take the money. I would also absolutely not sign anything at this point unless you would consider longer lease, which is actually not such a bad deal, especially to lock same rent for more time, and get out when there are so many other places to rent, unlike in January.

If you will not go with this lease, and she is difficult, I would put stop pay on your money ASAP, or try your best to get it back without escalating situation further. Depending on location, there are tenant help free legal clinics that might help you further. Live and learn.

Full disclosure: I am not legal professional.

Good luck.

[mmyk72]

Just don't sign anything that you don't agree to. If you get pressured just say you need to have your lawyer review it first

[kingeorge]

If check is not cashed yet, stop pay takes care of everything. If check cashed then you do need to make sure she knows that there will be legal consequences. It actually should be very simple at this point. You do not owe her anything.

[Dm84]

You need a housing lawyer.

[edinna]

Thank you all for your responses, I sent a formal request for my deposit back explaining why I want it back and that she has been very unprofessional throughout the entire process. If she gets back to me and says that I cannot have my security deposit back then I will have to pursue legal action to fix the situation.

[edinna]

So the landlord got back to me and didn't mention anything about returning the security deposit after i requested it back. But rather, she said to get the lease in asap as it is getting in the way of them not being able to lease it out to other people and that I may get charged for liquidating damages by delaying their process. Should i pursue legal action?

[scratchie]

Yes.

[jayrandom]

Second on the yes. This landlord doesn't seem to know what she is doing and should probably learn.