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Landlord never signed lease to renew rental agreement, still accepting money

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Katemac612

New member
I am located in Massachusetts. I renewed my lease after a previous one year lease, signed my lease and emailed the copy to the landlords. They said they would get it back to me with their signatures, but accepted the security deposit and rent (August was beginning of lease period so have now paid for August and September). Have not received the lease signed by the landlord yet to this point in time September 6th, 2019. My upstairs neighbors are very disrespectful, move furniture all night, smoke cigarettes and pot in the hallway, don’t clean up after their dog in the yard. I only stayed here because they allow large dogs, my dog is always immediately cleaned up after. The downstairs neighbors blast music at random hours which makes it hard to sleep with a rotating sleep schedule (work first,second and third shift different days). The upstairs neighbors dog has attacked mine several times with my dog on leash even when preventative measures have been made. Because this “agreement” has not been signed by both parties, can i break the agreement with 30 days notice and still get back my security deposit?
 


reenzz

Member
I am located in Massachusetts. I renewed my lease after a previous one year lease, signed my lease and emailed the copy to the landlords. They said they would get it back to me with their signatures, but accepted the security deposit and rent (August was beginning of lease period so have now paid for August and September). Have not received the lease signed by the landlord yet to this point in time September 6th, 2019. My upstairs neighbors are very disrespectful, move furniture all night, smoke cigarettes and pot in the hallway, don’t clean up after their dog in the yard. I only stayed here because they allow large dogs, my dog is always immediately cleaned up after. The downstairs neighbors blast music at random hours which makes it hard to sleep with a rotating sleep schedule (work first,second and third shift different days). The upstairs neighbors dog has attacked mine several times with my dog on leash even when preventative measures have been made. Because this “agreement” has not been signed by both parties, can i break the agreement with 30 days notice and still get back my security deposit?
I'm sure the landlord has a fully executed lease...with all signatures.
 

Just Blue

Senior Member
I am located in Massachusetts. I renewed my lease after a previous one year lease, signed my lease and emailed the copy to the landlords. They said they would get it back to me with their signatures, but accepted the security deposit and rent (August was beginning of lease period so have now paid for August and September). Have not received the lease signed by the landlord yet to this point in time September 6th, 2019. My upstairs neighbors are very disrespectful, move furniture all night, smoke cigarettes and pot in the hallway, don’t clean up after their dog in the yard. I only stayed here because they allow large dogs, my dog is always immediately cleaned up after. The downstairs neighbors blast music at random hours which makes it hard to sleep with a rotating sleep schedule (work first,second and third shift different days). The upstairs neighbors dog has attacked mine several times with my dog on leash even when preventative measures have been made. Because this “agreement” has not been signed by both parties, can i break the agreement with 30 days notice and still get back my security deposit?
You signed the lease and it is valid for another year. Have you complained about the neighbors dog either to the LL or to Animal Control?
 

FarmerJ

Senior Member
Animal control / police , call them about the neighbors dog , sounds if Its late hours and its disturbing the peace call the police. If recreational pot smoking is not legal in your state call the police, if the neighbors are not picking up dog poops and your city requires people to pick up their dogs poops or if your city has set a sop called number of poop piles ordinance then use a nanny type cam in one of your windows and record the neighbors dog and the lack of anyone picking it up. ( I say to do it that way because I can just hear it now, ` those poops are not ours but from the other neighbors dog `)
 

Mass_Shyster

Senior Member
I am located in Massachusetts. I renewed my lease after a previous one year lease, signed my lease and emailed the copy to the landlords. They said they would get it back to me with their signatures, but accepted the security deposit and rent (August was beginning of lease period so have now paid for August and September). Have not received the lease signed by the landlord yet to this point in time September 6th, 2019. My upstairs neighbors are very disrespectful, move furniture all night, smoke cigarettes and pot in the hallway, don’t clean up after their dog in the yard. I only stayed here because they allow large dogs, my dog is always immediately cleaned up after. The downstairs neighbors blast music at random hours which makes it hard to sleep with a rotating sleep schedule (work first,second and third shift different days). The upstairs neighbors dog has attacked mine several times with my dog on leash even when preventative measures have been made. Because this “agreement” has not been signed by both parties, can i break the agreement with 30 days notice and still get back my security deposit?
It appears your landlord is in violation of MGL Chapter 186, Section 15D
Section 15D. A lessor who has agreed orally to execute a lease and obtains the signature of the lessee shall, within thirty days thereafter, deliver a copy of said lease to the lessee, duly signed and executed by said lessor. Whoever violates any provision of this section shall be punished by a fine of not more than three hundred dollars. Any waiver of this provision in any lease or other rental agreement shall be void and unenforceable.
I suspect if the landlord hasn't complied with 15D, he or she has failed on his or her other obligations. I suggest you contact a tenant's rights attorney who can explain what those other obligations may be, and how you can use those failures to "break the agreement" and get back your security deposit.
 

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