If I did not sign a lease, upon moving in what are my legal rights?

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If I did not sign a lease, upon moving in what are my legal rights?

As my landlord will not give me my deposit back.

Asked on January 9, 2013 under Real Estate Law, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Ok so you are a month to month tenant under the law.  You need to make sure that you give the landlord proper notice of your departure (in writing and I would send it by certified mail and add about one week to make sure that you allow for the correct calculation of time).  Once you move, the landlord must return your security deposit or balance within 30 days after the termination of the tenancy. The landlord can only deduct for the following: any unpaid rent which has not been withheld validly or deducted in accordance with the law; any unpaid increase in real estate taxes if you were obligated to pay it under a valid tax escalator clause in your lease; and a reasonable amount necessary to repair any damage caused by you, any person under your control, or any person on the premises with your consent. Pet damage can also be deducted. You do not have to pay for reasonable wear and tear associated with normal use.  If they fail to return the money with in the 30 days you may be entitled to the money plus triple damages.  Good luck.


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