was I a tenant?

I paid last month's rent on an apartment so that they would hold it for me. After realizing that I did not want to live there, I asked them to return my money. No lease was ever signed. Since I never lived there, got a key or anything, can I get my money back? This is in Mass.
Thanks

Yes, you get your money back unless you signed an application or other aggreement that they got to keep the money if you decided not to take the place.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. tmeek@uswest.net

Tracey,

I was involved in a similar situation as a landlord last year (NY).

A potential tenant gave me a security deposit in Mid October, for a planned tenancy beginning December 1. On November 31 said person showed up at my home at 11:30 at night demanding her deposit back, saying she was not taking the apartment.

I contend that the landlord is entitled to that security deposit in that renting the property for the month of December was simply out of the question. The situation basically denied me the ability to secure a tenant for the month of December.

This seems similar to hotdog's situation.

I am not arguing with you, I am merely asking for clarification as to why the security deposit cannot be kept due to potential tenant's role in depriving me of the ability to rent the apartment to people who were able to pay me rent for the month of December. I could not secure a new tenant until January 1.

Now, if you do conclude that the potential tenant was in the right, what statement can I put on the deposit receipt that will protect me from such a situation in the future?

Tim

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by hotdogdog:
I paid last month's rent on an apartment so that they would hold it for me. After realizing that I did not want to live there, I asked them to return my money. No lease was ever signed. Since I never lived there, got a key or anything, can I get my money back? This is in Mass.
Thanks<HR></BLOCKQUOTE>
If you paid them an application fee,you won't get that back b/c it is non-refundable. Like Tracey said, unless you signed a lease or some other form stating that in the event you should change your mind about taking the apt. they keep your money, you should get your money back. What did they tell you when you told them you changed your mind and wanted your money back? If you gave them enough notice so that they could find another tenant, i don't see why they won't give the money back.