Legal Question in Landlord & Tenant Law in Massachusetts

I had an apartment up for rent on Craigslist for September 1. On the 1st a person responding to the add gave me $300 to "hold" the apartment. The 300 would be applied to his $625 a month rent and he promised to bring the remainder of the rent and security deposit when he moved in that night.

Three days went by, he never showed. I had taken the unit off Craigslist and turned down many potential renters. He called me on the 3rd of Sept and said he changed his mind and he wants his 300 back. He states he has three days to change his mind. I am now out September rent. Am I entitled to keep this 300 deposit? I appreciate any help, Thanks.


Asked on 9/04/11, 5:07 am

1 Answer from Attorneys

No. I am going to assume that there is no signed agreement that the deposit is to be forfeited if no lease is executed by the Tenant. Moreover, tenants have a right to rescind the agreement to lease within a reasonable period of time.

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Answered on 9/04/11, 9:27 am


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