- Jurisdiction
- Massachusetts
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:
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:
- $2600 certified check made out to (previous tenet) for furniture
- $26000 certified check made out to (landlord) for June rent
- $2600 certified check made out to (landlord) for security deposit "
