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  1. #1

    Default Landlord Not Holding Security Deposit

    My question involves landlord-tenant law in the State of: Massachusetts

    I moved to a new apartment in September, and gave the check for my security deposit to my roommate to secure the rental. I am moving out as early as May 1st (holding onto the occupancy in my current apartment for the month for the purposes of giving my landlord proper notice to quit), and as late as June 1st. Back in the fall, I asked my roommate if the landlord had given a reciept for my security deposit, and her reply was that the landlord didn't have it, she had used my check to pay back the security deposit of the tenant I was replacing. I spoke to the superintendent, and then the landlord of the building about my lack of concern over the lack of a paper trail, etc (The deposit WAS given via check, and had "security deposit" clearly noted on it). They assured me that they were holding A security deposit for the unit, and that I wouldn't get "screwed over". There is no lease or written agreement of any kind.

    My question is this: As far as who would be held liable for not putting my deposit in an interest bearing account not in the landlord's name, etc, it would be my roommate who recieved the deposit, right? Unless she can somehow prove otherwise, is my landlord liable for this in any way, shape, or form?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,084

    Default Re: Landlord Not Holding Security Deposit

    How do you imagine that your roommate would be liable for turning your share of the deposit over to the landlord?

    Did you misstate the facts, such that this is a subtenancy and your roommate is your landlord?

  3. #3

    Default Re: Landlord Not Holding Security Deposit

    Because there are obviously very specific laws in Massachusetts, and they don't mention roommates holding them as a common arrangement?

    Nope. I'm the one currently writing the rent check for the unit to the landlord (the rest of us vetoed her writing the rent check for the unit after several months of her constantly turning them in late), so I don't see how this could possibly be a subtenancy, especially with no written arrangement.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,084

    Default Re: Landlord Not Holding Security Deposit

    If you believe that there is a statute that makes your roommate liable for the inaction of your landlord, find it and post the statute citation. I won't be holding my breath in anticipation.

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