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Massachusetts - Pre-Lease Help

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Massachusetts - Pre-Lease Help

Postby dinx2582 » Sat Aug 05, 2006 1:36 pm

I hope someone can help with this, so here goes:

My friends and I looked at an apartment in Boston, liked it, showed interest, and put down roughly one month's rent (not determined to represent security, first/last months rent. a 'holding', if anything). After we put down this money, the landlord (via realty company) told us our credit wasn't good enough, and that we would need cosigners. At this point, we had received no confirmation that we in fact 'got' the apartment. Anyhow, we all got our cosigners, and all but one of these cosigners were sufficient in credit history to please the landlord's requirement for leasing to us. We were told basically that the sub-par cosign would need to be replaced by a better credit-scoring cosigner. We said we'd see what we would do. A day or two later we told the landlord that we had no other cosigner options (for the specific roommate with the issue), and that we would like to revoke our interest in the apartment. Again, we signed no lease at this point. Now the landlord is saying that he 'accepted' us, and that he will take us regardless of the insufficient credit cosign. This was after we expressed interest in backing out.

What can we do to get our money back? The landlord is twisting things as to make it look like we are backing out of a confirmed deal. He's playing games.

Any help available? Again, this is in Massachusetts.

Thanks to anyone who can help.
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Joined: Sat Aug 05, 2006 1:28 pm

Postby Anna » Sun Aug 06, 2006 4:02 pm

Do you still want the apt or not? You will probably have the same guarantor-problem w/next LL...

If that was a 'holding deposit', it probably is only refundable if LL refuses you. It generally is non-refundable if T backs out.
If it was a 'finder's fee' or brokers fee, it probably is non-refundable.
Do you remember what you signed?
If it was a sec dep, it would be refundable.
Part of it was probably application fee and/or credit check fee: those are usually not refundable.

Googling 'Boston tenants rights' brings a lot of results: try it.
Here's a sample: http://www.bostonabcd.org/houseman/resources.htm
The Action for Boston Community Development Handbook of Landlord/Tenant Rights and Responsibilities
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