Rentals in 01609>Question Details

Yingbrooke, Home Buyer in 01609

massachusett My landload did not give me a written notice where he has deposited my security deposit, only a hand-written receipt saying he received

Asked by Yingbrooke, 01609 Thu Oct 6, 2011

my check. So is there a consequence for that? I am trying to get out of my lease and my landload did not allow me....

Also, the date was 1 year off on the lease... so is the lease still valid?

Please let me know soon! Thank you very much!!!

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You should talk with a real estate attorney or other tennant advocate to review all your documents to see how best to proceed. The local housing court to your area also has resources available to you to act as mediators for contract disputes.

Hope that helps,
0 votes Thank Flag Link Sat Oct 8, 2011
My recommendation is to go to the landlord and tell him you would like to get out of the lease. Most landlords do not want unhappy tenants. Too much can go wrong. My company has handled many lease breaks.

The unit can be put back on the market and once a new tenant has been found, you will be allowed out of your lease. It is a win - win for both parties. You will have to be good in allowing access to the unit for showings. Contact a local realtor to assist you with this matter if you want. They will be happy to get the rental listing.

This a much easier approach then trying to get out of your lease thru the legal system
0 votes Thank Flag Link Sat Oct 8, 2011
Security Deposit: You are entitled to either 5% interest or whatever lesser amount is received from the bank where the deposit has been held, if you live in the apartment for at least one year. The law requires the landlord to hold a security deposit in a separate, interest-bearing account in a Massachusetts bank. Within 30 days of receiving your deposit, the landlord must give you a receipt identifying the bank’s name and address, the account number, and the amount of the deposit.

Penalties For Failure to Properly Handle Security Deposit

If you do the following, the tenant is entitled to the immediate
return of the security deposit:
•Fail to make the security deposit records available to the tenant during business hours;
•Fail within thirty (30) days of taking a security deposit to give the tenant a receipt with the name, address of the bank where the money is held, and account number of the bank in the amount of the deposit;
•Make deductions for damages without submitting proper documentation described above; or
•Use a lease with provisions that conflict with the Security Deposit Law and you attempt to enforce this lease or attempt to make the tenant waive his or her rights.

If you do the following, the tenant is entitled to the immediate return of the security deposit and treble damages, court costs and attorney’s fees:
•Fail to place the security deposit into a Massachusetts interest-bearing bank account separate from your own;
•Fail to return the security deposit or balance thereof within thirty (30) days after termination of the tenancy; or.
•Fail to transfer the security deposit to the new landlord (M.G.L. c. 186 § 15B).

A new landlord has the same transfer responsibilities as stated above for last month’s rent.


As to the lease being a year off, is it stated it is for 12 months or 24 months? It should have a begin and end date, a total amount of rent that you will owe and your monthly payments. If that is all there and you signed it, then you would be obligated for the time of the lease you signed.
0 votes Thank Flag Link Fri Oct 7, 2011
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