My question involves a security deposit in the State of: Massachusetts
Two roommates and I applied for an apartment in Brighton MA(technically under City of Boston) through our real estate agent, and two of us needed a guarantor for the management company. We gave the real estate agent our 3.5 months of rent (1st, last, security deposit and 1/2 fee for real estate agent) to give to the management group. It took 3-4 weeks for the management group to get back to us to approve us for the application for the apartment (move in date 9/1/11). Within that time, we did not think we were going to get the apartment, so we looked elsewhere and now we don't want to live at the apartment we applied to anymore.
We did not sign a lease, and we want to back out of the apartment. The real estate agent told us that if the rental market has changed due to the apartment being taken off the market, it may be difficult for us to get our money back due to what the rental application stated that we signed. This is what it says off of the rental application:
The undersigned warrants and represents that all statements herein are true and agrees to execute upon presentation a Rental Housing Association lease or
Tenancy at Will agreement in the usual form, a copy of which the Applicant has received or has had occasion to examine, which lease or agreement may be
terminated by the Lessor if any statement herein made is not true. Deposit is to be applied as shown above, or applied to actual damages sustained by the Owner,
except it is to be refunded if said application is not accepted by the Owner. This application and deposit are taken subject to previous applications.
It is only April 4th, would it count as actual damages if the apartment will not be rented until September 1st? Would I be able to get all of my money back?
Thank you for any help in this matter! I appreciate it!