Summary
The user, a tenant in Massachusetts, is seeking to recover rent paid prior to a signed agreement allowing them to live rent-free. The landlord refuses to return the rent, arguing it was paid before the agreement. The user has proof of the agreement and payment. In Massachusetts, landlords can only charge for unpaid rent, unpaid utilities, and damage beyond normal wear and tear. Written agreements are generally enforceable. The user may consider filing a small claims case if the amount is under $7,000.Full Conversation
Money due at move out
What state are you located in, Jada? This will help me provide the most accurate information regarding tenant laws in your area.
massachusetts
What is the exact amount due and what was it intended for? In Massachusetts, landlords can only charge for unpaid rent, unpaid utilities, and damage beyond normal wear and tear.
he let me live rent free per an agreement but I had already paid the rent
What proof do you have of this agreement and your prior rent payment? In Massachusetts, written agreements are generally more enforceable.
pictures of the signed agreement and proof of payment
Do you have any written communication where your landlord acknowledges the agreement and your prior rent payment?
yes
What is the exact amount your landlord is asking for now? In Massachusetts, landlords must provide an itemized list of any deductions from the security deposit within 30 days of tenancy termination.
i am asking him to give me back the rent money since I am being allowed to live rent free
What is the amount of rent you're asking to be returned? In Massachusetts, if a landlord violates the security deposit law, you may be entitled to return of the deposit plus interest.
*,*
What steps have you taken so far to get your money back?
spoke to landlord
What was the landlord's response when you spoke to him about returning your rent money?
he said he doesn’t have to
What was the reason your landlord gave for not returning your rent money? In Massachusetts, landlords must provide a valid reason for withholding any part of a security deposit.
that I had already paid before the agreement was made
What is the date of the agreement and the date of your rent payment?
agreement was signed June *, * rent was paid June *, *
What is the exact wording of the agreement regarding living rent-free? This will help determine if you have a case for getting your rent money back.
thay as of June *,* we will be allowed to live rent free until august *, *
What was the reason for this rent-free agreement? This will help understand if there were any conditions attached to it. In Massachusetts, written agreements are generally enforceable.
cancelling the lease
What was the reason for cancelling the lease and was it mentioned in the agreement?
mutual agreement
What was the mutual agreement about and was it documented in writing?
we agreed to cancel the lease and yes
What is the exact wording of the lease cancellation agreement?
that we would vacate the premises on or before August *, * and would be allowed to reside rent free until then
What was the landlord's response when you presented him with the signed agreement and proof of payment?
he said he didn’t have to pay it back
What was the reason your landlord gave for not returning your rent money, despite the signed agreement?
that I had paid prior to the agreement
What steps are you planning to take next? In Massachusetts, you may consider filing a small claims case if the amount is under $*,*.
TRY ME!
Start a new chat