Unable to move in even though deposit was made. Can i get my deposit money back?

[iamme99]

MA

I have a question for those who are knowledgeable in this area. I made a NON REFUNDABLE deposit for an apartment, but after I made the deposit they change management. I was called two days prior to my move in date that I can't move in because the lady living there is still living there. So I was told over the phone that it's going to be another month. In my welcome letter, there's detail of my move in date and how much I should be paying. I've been trying to get a hold of the new management but the manager haven't return my calls, I only get to talk to people who can't do much but answer some of my questions.

They only made verbal agreement over the phone. I wanted to meet with the new manager in person and ask for a written agreement for my new move in date and to discuss more about what's included or not included in the rent. I'm not sure if they made any changes...

My question is, can I get my deposit money back if they won't giving me a written notice or if they change things around such as additional fees or removing some utilities that was included in the rent? I have my deposit receipt and a letter stating my move in date. I did not sign a lease, I was told that I can sign a lease on the day that I am given the key to the apartment.

 

[latigo]

MA

I have a question for those who are knowledgeable in this area. I made a NON REFUNDABLE deposit for an apartment, but after I made the deposit they change management. I was called two days prior to my move in date that I can't move in because the lady living there is still living there. So I was told over the phone that it's going to be another month. In my welcome letter, there's detail of my move in date and how much I should be paying. I've been trying to get a hold of the new management but the manager haven't return my calls, I only get to talk to people who can't do much but answer some of my questions.

They only made verbal agreement over the phone. I wanted to meet with the new manager in person and ask for a written agreement for my new move in date and to discuss more about what's included or not included in the rent. I'm not sure if they made any changes...

My question is, can I get my deposit money back if they won't giving me a written notice or if they change things around such as additional fees or removing some utilities that was included in the rent? I have my deposit receipt and a letter stating my move in date. I did not sign a lease, I was told that I can sign a lease on the day that I am given the key to the apartment.

Regarding the “verbal agreement”. It is important to know the answer to the following:

What was to be the term or length of the lease? Was it for more than one year?

 

[Mass_Shyster]

Send a letter demanding a refund. If the letter conforms to MGL Chapter 93A (google 93A demand notice), and the landlord does not return your deposit, you may be entitled to treble damages in court.

 

[iamme99]

When I spoke with the old manager, he told me it was a one year lease. I gave the deposit money for him to hold the apartment for me. Now, I can't even get a hold of any one from the new management and they've been avoiding my phone calls, sending me straight to their inbox. I can't even leave a message because their inbox is full.

 

[iamme99]

Thank you for the helpful replies. After I send them the 93a, do I file a claim at the Small claim court?

 

[Mass_Shyster]

Thank you for the helpful replies. After I send them the 93a, do I file a claim at the Small claim court?

Yup. Give them the specific time to send the refund, but if they don't, go ahead and file.

See these resources:

www.mass.gov/ago/docs/consumer/landlordtenant073

www.lawlib.state.ma.us/subject/about/landlord.html

 

[iamme99]

Thank you.

 

[latigo]

Yup. Give them the specific time to send the refund, but if they don't, go ahead and file.

See these resources:

www.mass.gov/ago/docs/consumer/landlordtenant073

www.lawlib.state.ma.us/subject/about/landlord.html

Just curious, but how is the OP expected to call upon Massachusetts Landlord/Tenant laws when that relationship never came into being?

I think that he can successfully sue whoever received the "deposit" in small claims on the theory of unjust enrichment.

 

[Mass_Shyster]

Just curious, but how is the OP expected to call upon Massachusetts Landlord/Tenant laws when that relationship never came into being?

I think that he can successfully sue whoever received the "deposit" in small claims on the theory of unjust enrichment.

This is Massachusetts - the courts HATE landlords.

 

[iamme99]

Just curious, but how is the OP expected to call upon Massachusetts Landlord/Tenant laws when that relationship never came into being?

I think that he can successfully sue whoever received the "deposit" in small claims on the theory of unjust enrichment.

According to the security deposit law in MA, if there's a transfer of ownership then the new management is responsible for my security deposit and any agreement that was in writing prior to the transfer of new ownership. They also need to write up a new security deposit receipt stating the name and business of the new management.

 

[Searchertwin]

As of now, she is only out of the sec dep. She has not indicated that she has left her place, moved all her belongings, transfer utilities, etc.
She is not out of money. I can't see that letter being sent as of yet.

She should send a crr letter requesting that the sec dep be return upon THIER failure to provide an apartment. Indicate that you fully understand it is a non-refundable dep but again highlight it was their fault. Include copy of receipt, that letter of welcome and highlight dates, money you gave and state that you will give them 5 working days to respond. Keep it simple and to the point.

See what they come back with and go from there.