- Jurisdiction
- Massachusetts
I hope someone can give me some advise here.
I put in a security deposit for a room in a house that I was going to lease, I did not receive any actual receipt and did not receive any paperwork for the potential room that I was going to rent. After 11 days from the day I gave the security deposit, I had changed in plans and I am moving out of state, hence I contacted the landlord and told her that I would not be able to rent anymore. I suggested to help her find a new tenant and I have been doing so.
She would like to lease it by 9/1 and I told her I cannot rent the place on 8/8.
It seems like the landlord does not want to return the deposit even if she finds someone or would like to keep part of the deposit. Can she keep the deposit even if she cannot find someone by the move-in date?
I looked up the Massachusetts law on security deposit (as shown below) but it doesn't talk about my situation in which I am not even a tenant, please advise.
Chapter 186 Section 15B
(2)(b) Any lessor or his agent who receives a security deposit from a tenant or prospective tenant shall give said tenant or prospective tenant at the time of receiving such security deposit a receipt indicating the amount of such security deposit, the name of the person receiving it and, in the case of an agent, the name of the lessor for whom such security deposit is received, the date on which it is received, and a description of the premises leased or rented. Said receipt shall be signed by the person receiving the security deposit.
(4) The lessor shall, within thirty days after the termination of occupancy under a tenancy-at-will or the end of the tenancy as specified in a valid written lease agreement, return to the tenant the security deposit or any balance thereof; provided, however, that the lessor may deduct from such security deposit for the following:
(i) any unpaid rent or water charges which have not been validly withheld or deducted pursuant to any general or special law
(ii) any unpaid increase in real estate taxes which the tenant is obligated to pay pursuant to a tax escalation clause which conforms to the requirements of section fifteen C; and
(iii) a reasonable amount necessary to repair any damage caused to the dwelling unit by the tenant or any person under the tenant's control or on the premises with the tenant's consent, reasonable wear and tear excluded. In the case of such damage, the lessor shall provide to the tenant within such thirty days an itemized list of damages, sworn to by the lessor or his agent under pains and penalties of perjury, itemizing in precise detail the nature of the damage and of the repairs necessary to correct such damage, and written evidence, such as estimates, bills, invoices or receipts, indicating the actual or estimated cost thereof. No amount shall be deducted from the security deposit for any damage to the dwelling unit which was listed in the separate written statement of the present condition of the premises which was required to be given to the tenant prior to the execution of the lease or creation of the tenancy pursuant to clause (c) of subsection (2) or any damages listed in any separate list submitted by the tenant and signed by the lessor or his agent pursuant to said clause (c), unless the lessor subsequently repaired or caused to be repaired said damage and can prove that the renewed damage was unrelated to the prior damage and was caused by the tenant or by any person under the tenant's control or on the premises with the tenant's consent. Nothing in this section shall limit the right of a landlord to recover from a tenant, who wilfully or maliciously destroys or damages the real or personal property of said landlord, to the forfeiture of a security deposit, when the cost of repairing or replacing such property exceeds the amount of such security deposit.
No deduction may be made from the security deposit for any purpose other than those set forth in this section.
I put in a security deposit for a room in a house that I was going to lease, I did not receive any actual receipt and did not receive any paperwork for the potential room that I was going to rent. After 11 days from the day I gave the security deposit, I had changed in plans and I am moving out of state, hence I contacted the landlord and told her that I would not be able to rent anymore. I suggested to help her find a new tenant and I have been doing so.
She would like to lease it by 9/1 and I told her I cannot rent the place on 8/8.
It seems like the landlord does not want to return the deposit even if she finds someone or would like to keep part of the deposit. Can she keep the deposit even if she cannot find someone by the move-in date?
I looked up the Massachusetts law on security deposit (as shown below) but it doesn't talk about my situation in which I am not even a tenant, please advise.
Chapter 186 Section 15B
(2)(b) Any lessor or his agent who receives a security deposit from a tenant or prospective tenant shall give said tenant or prospective tenant at the time of receiving such security deposit a receipt indicating the amount of such security deposit, the name of the person receiving it and, in the case of an agent, the name of the lessor for whom such security deposit is received, the date on which it is received, and a description of the premises leased or rented. Said receipt shall be signed by the person receiving the security deposit.
(4) The lessor shall, within thirty days after the termination of occupancy under a tenancy-at-will or the end of the tenancy as specified in a valid written lease agreement, return to the tenant the security deposit or any balance thereof; provided, however, that the lessor may deduct from such security deposit for the following:
(i) any unpaid rent or water charges which have not been validly withheld or deducted pursuant to any general or special law
(ii) any unpaid increase in real estate taxes which the tenant is obligated to pay pursuant to a tax escalation clause which conforms to the requirements of section fifteen C; and
(iii) a reasonable amount necessary to repair any damage caused to the dwelling unit by the tenant or any person under the tenant's control or on the premises with the tenant's consent, reasonable wear and tear excluded. In the case of such damage, the lessor shall provide to the tenant within such thirty days an itemized list of damages, sworn to by the lessor or his agent under pains and penalties of perjury, itemizing in precise detail the nature of the damage and of the repairs necessary to correct such damage, and written evidence, such as estimates, bills, invoices or receipts, indicating the actual or estimated cost thereof. No amount shall be deducted from the security deposit for any damage to the dwelling unit which was listed in the separate written statement of the present condition of the premises which was required to be given to the tenant prior to the execution of the lease or creation of the tenancy pursuant to clause (c) of subsection (2) or any damages listed in any separate list submitted by the tenant and signed by the lessor or his agent pursuant to said clause (c), unless the lessor subsequently repaired or caused to be repaired said damage and can prove that the renewed damage was unrelated to the prior damage and was caused by the tenant or by any person under the tenant's control or on the premises with the tenant's consent. Nothing in this section shall limit the right of a landlord to recover from a tenant, who wilfully or maliciously destroys or damages the real or personal property of said landlord, to the forfeiture of a security deposit, when the cost of repairing or replacing such property exceeds the amount of such security deposit.
No deduction may be made from the security deposit for any purpose other than those set forth in this section.
