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Previous tenets mediated rental process and mislead me into buying furniture

Discussion in 'Small Claims & Municipal Court' started by hey4011, Jul 30, 2018.

  1. hey4011

    hey4011 Law Topic Starter New Member

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    Jurisdiction:
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    I would like some advice to see if I had a chance in small claims court. So my situation is, I recently moved into Boston. I found an apartment through craigslist; the apartment was listed by the previous tenet. The condition she had for "letting us" rent the property, was to buy all the furniture in the apartment as is. She had created a list of furniture, but it was a great price and location, so I didn't pay much attention to the furniture and agreed to her condition. She then went ahead mediated the rental process after receiving the $2300 check for the furniture, and giving us the contact of the landlord after everything was signed and checks were received. When I got to the apartment however, I found out that most of the furniture was junk that the previous tenet's did not want to take. Everything added together looked less than $400, so I wanted advice to see if I have a shot at reclaiming the $1900 or getting back the $2300 and having her take back all the junk furniture.

    I was informed that what she did was fraudulent since under the (Perry vs Equity Residential Management (Perry v Equity Residential Management (landlords cannot charge application, credit, amenity, move-in, pet or any other upfront fees except for First, Last, Security and Locks. But it is ok to charge a monthly pet fee.) | | Massachusetts Landlords), a landlord is only allowed to charge 1) first month rent 2) last month rent 3) security deposit 4) lock fee when renting out a property. I don't know however, how this would apply since she is not technically the landlord and only the previous tenet of the apartment.

    These are the corresponding emails she sent:
    "Hi,
    We are looking for people for June 1st. the conditions also include buying the furniture for $2600. If you're interested, we are showing the apartment today and tomorrow."

    "The lease start date is not negotiable. June rent, security deposit, and furniture cost will be due when the lease is signed (regardless of when the renters move in, on or after June 1st). If this is something you would like to proceed with, please let us know asap since there are other people who have express interest."

    " The apartment is not guaranteed until payment is received and we have other people who are still interested.
    The following are the certified checks that need to be sent to (previous tenet) at (address). All checks must be placed in one enveloped and we would need the tracking information and photos of the checks. Let us know which day the checks will be mailed:
    1. $2600 certified check made out to (previous tenet) for furniture
    2. $26000 certified check made out to (landlord) for June rent
    3. $2600 certified check made out to (landlord) for security deposit "
     
  2. Highwayman

    Highwayman Well-Known Member

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    If she's not the landlord then what are you doing dealing with her?

    Also, why would you agree to buy furniture (or anything else for that matter) that you never even laid eyes on?

    By the way, the word is TENANT.
     
    S&Jm82001 likes this.
  3. army judge

    army judge Super Moderator

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    Never do this again.

    You were likely snookered.

    You should speak to the police to see if any crime(s) were committed.

    You can sue in small claims, but you probably don't REALLY know who these scammers are.

    Which is why you might want to talk to the police or district attorney FIRST.

    Even if you sue, don't expect to recover a dollar, most scammers are deadbeat bums who own NOTHING of value.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    On another site, OP explained that he is a medical student who lives across the country from where the apartment is and was "forced" to make the living arrangements without first seeing the apartment or the furniture.

    Hmmph.
     
  5. hrforme

    hrforme Active Member

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    at $2600 a month, i'd want to see the place first and see the furniture....could have afforded a plane trip for that kind of monthly rent!
     
    army judge likes this.
  6. army judge

    army judge Super Moderator

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    I deduced this was the type of arrangement a student would make.
     
  7. army judge

    army judge Super Moderator

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    If you want to get paid in full (or almost in full), this is the type of case to take to Judge Judy, Judge Mathis, The People's Court, or most any other TV "court" show.
     
  8. hey4011

    hey4011 Law Topic Starter New Member

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    Thank you for the constructive feedback.
     
  9. hey4011

    hey4011 Law Topic Starter New Member

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    The landlord provided her new address, which is two doors down form us; and stated she currently works as an epidemiologist.
     
    Last edited: Jul 30, 2018
  10. hey4011

    hey4011 Law Topic Starter New Member

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    My rent is actually $866; no I could not have afforded a round trip ticket and motel. My family is a low income family. Other properties within the area were significantly more at $1300-1500.
     
  11. hey4011

    hey4011 Law Topic Starter New Member

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    I'm glad you made the deduction.
     
  12. hey4011

    hey4011 Law Topic Starter New Member

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    I will take a look at judge Judy. I heard she's fair.
     
  13. hey4011

    hey4011 Law Topic Starter New Member

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    I live across the country and it wasn't possible to go see the apartment. Most medical students are forced to sign a lease without seeing the apartment since many of us are given 2-3 weeks notice of acceptance, sometimes less. "Tenant" my apologies.
     

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