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  1. #1
    Join Date
    Aug 2017
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    3

    Post How is a Security Deposit Handled When There is a Substitution of Tenants

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

    Here are the facts:
    -I am about to move in with my friend, who currently has a different roommate. Rather than draw up an entirely new lease, we are just doing a "Roommate Add," meaning that I am being added to the existing lease and the current rooomate will be removed.
    -Doing "Roommate Adds" requires the current tenant to relinquish her rights to her deposit. The landlord will then credit that deposit to me, and it will be returned to the tenants whose names are on the leases at the expiration of the lease. (I'll include the language of this relinquishment at the bottom of this post).
    -Over dinner, my friend casually brought this to my attention (I was previously unaware of it). He told me that she was going to sign the relinquishment form and then I would have to pay her the deposit that she paid ($800). I didn't exactly agree or disagree, but I didn't protest this. For all intents and purposes, there seemed to be a reasonable expectation that I would agree to pay her back. I'm not sure if I created the expectation or if he just assumed I would pay her back, but the expectation is there. Under the assumption that he told the current tenant that I would agree to pay her back, I have the following legal questions:

    1. Is this contract enforceable? My friend, a person who is completely independent of me, i.e. he is not an agent of mine and
    does not have any rights to legally make me liable for something, has seemingly entered me into this "contract." I never made any
    sort of direct agreement with the current tenant (verbal or written) to pay her for any part of this deposit that she is relinquishing. She
    has not reached out to me and asked if I would indeed pay her back after she signs it over to me despite having the means to confirm
    that with me. Can this quasi- verbal agreement that seems to have been made between me and my friend obligate me to pay the
    current tenant?
    2. Does the Massachusetts Statute of Frauds say anything about this? Isn't there a necessity of writing for contracts regarding money
    matters over a certain amount or promises to pay debts back?

    I'm already paying the current tenant $1,000 so I can buy her bed, desk, and other things she is selling from her room. I'm also paying 3 months' rent ($2,600) to the rental company, so I really don't want to have to pay another $800 on top of this to the current tenant to pay --her back for the deposit that she is relinquishing. Do I have any sort of legal obligation to pay her?
    Quote Quoting Language of Relinquishment Form that she is signing:
    I acknowledge that I am a co-tenant at the above-described premises, the lease for which is expiring. Since one or more of my co-tenants are remaining at the premises under a new lease and we desire to keep the entire security deposit and prepaid rent now held by you on account for the new lease, I hereby relinquish all my rights for Apartment #____ located at _________ as of . I also relinquish my rights with respect to any security deposit and/or pre-paid rent (and interest thereon) for the above-mentioned apartment under a lease dated ____. I understand that as of______, I will no longer have any rights with respect to this apartment. It is also my understanding that my security deposit and/or pre-paid rent will be credited to the continuing and/or the new tenants on a new lease and that at the conclusion of this new lease, the amount of security deposit/pre-paid rent will be refunded to the tenants then listed on the lease.

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