Legal Question in Landlord & Tenant Law in Massachusetts

Can I get a one month deposit back if the terms of the lease are not agreeable?

I recently gave a real estate broker a deposit for an apt ($3,250)and when we went to sign the lease the terms were not acceptable to us. We refused to sign the lease & the re broker will not give me back our deposit. Can I get it back? Should I go through small claims court?


Asked on 8/05/06, 9:12 pm

1 Answer from Attorneys

Re: Can I get a one month deposit back if the terms of the lease are not agreeable?

You should get the deposit back depending upon what you signed when you gave the deposit. Unfortunately there is a limit on small claims of $2,000.00. However, if this was in Boston, you can file a complaint in the Boston Housing Court and they tend to be pro-tenant, especially in these circumstances.

I would contact an attorney to review your exact rights with respect to getting your deposit back.

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Answered on 8/06/06, 2:20 pm


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