Legal Question in Real Estate Law in Massachusetts

Am I liable for a security deposit if I didn't sign a sublease? The landlord is threatening not to give my subletters deposit back and I am being threatened with legal action but I never paid a security deposit or signed any sublease.


Asked on 8/31/14, 1:20 pm

1 Answer from Attorneys

It is unclear if there was a deposit agreement signed. It is also unclear if you are the subletter or the person subletting. If there is no agreement as to what is to be done with the deposit, you are probably entitled to the deposit back. If you did not sign a sublease, you are not responsible for the terms of the lease nor are you responsible for a security deposit. Moreover the real landlord, not the person subletting the property likely has to approve any agreement signed and if he did not, you would be entitled to your deposit as well as any other monies paid to the Landlord.

At any rate, absent an agreement one way or the other you are not obligated to the terms of the sub-let unless you sign the lease. The deposit is more a question of an understanding between the parties and if there was a meeting of the minds on the terms of the deposit.

Good Luck.

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Answered on 8/31/14, 4:21 pm


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