Legal Question in Landlord & Tenant Law in Massachusetts

i signed a one year lease with my ex. i moved out 5 months into it but continued to pay my rent. now that the lease is up we are being sued for 1900.00. landlord said there was a scratch on the floor so she paid 500.00 so get hardwoods done. she stated a stove burner was broken and charged us 80.00. my ex roomate never filled the oil tank which we were suppose to so that 450.00. we also used a rental agent to find the apt, we paid him the last month and a half security deposit. she is stating she never got it and now that rental agency is no longer in business. Am i liable for all this even though she knows i moved out?


Asked on 10/16/10, 8:13 am

2 Answers from Attorneys

The Agent is her agent and was authorized by her to take the deposit. You should have gotten a receipt for the security deposit and last months rent. If you have that, the Landlord is obligated to credit that amount against the claims.

You are liable under the lease for the damages and failure to comply with the refilling of the oil tank. I see that you have damage claims for $1,030.00.

I do not know what the other $870 is for, unless it is unpaid rent.

You are entitled to see the receipts for the repairs.

Good Luck

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Answered on 10/21/10, 9:12 am
Joseph Murray Joseph M. Murray, Esq.

If your ex room mate does not or can't pay you can be held jointly and severally liable.

You should retain an attorney to challenge the charges by the landlord, advise on possible actions against landlord for any potental violations of the security deposit law, as rental agent is landlord's agent, and potential action against ex room mate for reimbursement of any amounts you may be required to pay that are solely the ex room mate's responsibility. Good Luck!

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Answered on 10/21/10, 10:27 am


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