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I believe that MA does not legally allow "holding deposits" so this would be considered a security deposit, in which case the landlord can only deduct money actually lost by the prospective tenant's inability to execute the lease and move into the unit. In this case it would be only for reasonable costs involved in additional advertising, etc. I suggest you contact either Legal Aid in the area or a real estate attorney for clarification.
I've never heard of anyone asking for a "holding" deposit around here. I know someone commented earlier in the thread that they're not legal around here and I cannot confirm or deny that. I can only say it's not a common practice. If it was a security deposit then of course the daughter is breaking her word stating that she would become a roommate and therefore is not entitled to a refund of the deposit. The biggest problem is that nothing was ever put in writing. If it's put on paper properly then there is no debating what is what and who is who.
This being said . . . the OP has certainly been unnecessarily rude to people who have responded to this thread.
Well I apologize if I did not get the interpersonal legal definition correct. I assumed you meant she had a personality problem with her girlfriends which she clearly does not have.
The money given was not a holding deposit at all. It was written on the check as a security deposit so the girl moving out could get her security money back quickly avoiding interaction with the landlord.
The issue has been resolved and my daughters money was rightfully returned. They have found another roommate and life goes on. Thanks to all for the intelligent responses.
Well I apologize if I did not get the interpersonal legal definition correct. I assumed you meant she had a personality problem with her girlfriends which she clearly does not have.
I didn't mean that at all. All I meant was that the problem was between two people and not a tenant-landlord situation. If I had meant "personality problem" I would have used that term.
I'm glad your daughter got her affairs disposed in a satisfactory manner.
Well I apologize if I did not get the interpersonal legal definition correct. I assumed you meant she had a personality problem with her girlfriends which she clearly does not have.
The money given was not a holding deposit at all. It was written on the check as a security deposit so the girl moving out could get her security money back quickly avoiding interaction with the landlord.
The issue has been resolved and my daughters money was rightfully returned. They have found another roommate and life goes on. Thanks to all for the intelligent responses.
Good to here that you were able to get this resolved amicably. That's not an unusual solution that your daughter and here roommates came up with. Usually if the roommates can find someone to replace you then they will release you from your obligation.
My suggestion . . . next time have your daughter get everything in writing so that she knows what her rights are whether it's as a tenant or as a sublet. Deposits are assurance for the other party in the contract that they will be made whole should your daughter not follow through on her word which is what has happened here. It's great that she got her money back this time but she should be aware that the next people might not be as nice. I'm sure this was just an unfortunate confluence of circumstances in this case though and normally this wouldn't be an issue.
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