Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

My landlord did not give me a receipt for my last Months rent

Customer Question
My landlord did not give...
My landlord did not give me a receipt for my last Month's rent and I live in MA. Can I terminate the Lease?
Submitted: 8 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 17 minutes by:
4/10/2009
Real Estate Lawyer: JBaxLaw, Lawyer replied 8 years ago
JBaxLaw
JBaxLaw, Lawyer
Category: Real Estate Law
Satisfied Customers: 11,396
Experience: Experienced Real Estate Attorney! How may I help you?
Verified

Regrettably, this will not permit you to break your lease. If, however, the landlord fails to properly provide the interest due to you, then you may be entitled to damages. Do not attempt to terminate your lease based on the receipt issue. See the applicable law below.

 

 

The General Laws of Massachusetts

Chapter 186: Section 15B. Entrance of premises prior to termination of lease; payments; receipts; interest; records; security deposits

(2)(a) Any lessor or his agent who receives, at or prior to the commencement of a tenancy, rent in advance for the last month of the tenancy from a tenant or prospective tenant shall give to such tenant or prospective tenant at the time of such advance payment a receipt indicating the amount of such rent, the date on which it was received, its intended application as rent for the last month of the tenancy, the name of the person receiving it and, in the case of an agent, the name of the lessor for whom the rent is received, and a description of the rented or leased premises, and a statement indicating that the tenant is entitled to interest on said rent payment at the rate of five per cent per year or other such lesser amount of interest as has been received from the bank where the deposit has been held payable in accordance with the provisions of this clause, and a statement indicating that the tenant should provide the lessor with a forwarding address at the termination of the tenancy indicating where such interest may be given or sent.

 

Any lessor or his agent who receives said rent in advance for the last month of tenancy shall, beginning with the first day of tenancy, pay interest at the rate of five per cent per year or other such lesser amount of interest as has been received from the bank where the deposit has been held. Such interest shall be paid over to the tenant each year as provided in this clause; provided, however, that in the event that the tenancy is terminated before the anniversary date of such tenancy, the tenant shall receive all accrued interest within thirty days of such termination. Interest shall not accrue for the last month for which rent was paid in advance. At the end of each year of tenancy, such lessor shall give or send to the tenant from whom rent in advance was collected a statement which shall indicate the amount payable by such lessor to the tenant. The lessor shall at the same time give or send to such tenant the interest which is due or shall notify the tenant that he may deduct the interest from the next rental payment of such tenant. If, after thirty days from the end of each year of the tenancy, the tenant has not received said interest due or said notice to deduct the interest from the next rental payment, the tenant may deduct from his next rent payment the interest due.

If the lessor fails to pay any interest to which the tenant is then entitled within thirty days after the termination of the tenancy, the tenant upon proof of the same in an action against the lessor shall be awarded damages in an amount equal to three times the amount of interest to which the tenant is entitled, together with court costs and reasonable attorneys fees.

 

Thank you

 

Please click on the ACCEPT button for my answer so that I receive credit for assisting you. You may continue to ask follow-up questions after accepting. The responses do not create an attorney-client relationship and are informational only.

Ask Your Own Real Estate Law Question
Ask JBaxLaw Your Own Question
JBaxLaw
JBaxLaw
JBaxLaw, Lawyer
Category: Real Estate Law
Satisfied Customers: 11,396
11,396 Satisfied Customers
Experience: Experienced Real Estate Attorney! How may I help you?

JBaxLaw is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

10,826 satisfied customers

16 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,657 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,367 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,899 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
My wife and i recently put down a security deposit on a home
my wife and i recently put down a security deposit on a home for rent of $1600, but before we turned in the lease we found another home and moved in. When we tried to get the deposit for the first hom… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
My former landlord is not returning my security deposit.
My former landlord is not returning my security deposit. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I received my security deposit check in the mail (a UPS mail
I received my security deposit check in the mail (a UPS mail box) the other day. Pass the 15 day notice for a tenant to respond if I disagree with the funds that were withheld. Reading up on Florida S… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,877 satisfied customers
I have a question about a security deposit dispute. the
HI--I have a question about a security deposit dispute. the landlord sent the letter with charges exceeding the security deposit and stated he would simply take the whole deposit and settle. However, … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My tenants security deposit check bounced, after she moved
my tenants security deposit check bounced, after she moved in. she said it was a bank error and since her first months rent was fine i gave her time. now its the second month and i have not had this m… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
I recently provided a security deposit for an apartment
I recently provided a security deposit for an apartment prior to signing a lease or receiving keys. This was to move my apartment up on the list of apartments requiring the carpet cleaned. This was 3 weeks in advance of me moving into the apartment on the 1st. I kept calling and requesting confirmation on the date and signing of the lease. They told me twice that the carpet cleaning got moved back. Once the 1st came and they told me I still could not move in and had not signed a lease, I told them I no longer wanted to move into the apartment. They still have my deposit, will not return my calls and I am receiving email alerts that my rent is past due on an apartment I never moved into and do not have a lease on. I'm not sure what my next steps should be. thank you … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,882 satisfied customers
My land lord wants to assess my security deposit for things
My land lord wants to assess my security deposit for things that I consider normal wear and tear. Is that consistent with rule of real estate law? … read more
Bill Attorney
Bill Attorney
law
1,411 satisfied customers
I recently put a security deposit down on an apartment that
Hi, I recently put a security deposit down on an apartment that was "available now". After I paid the landlord, he told me the city still needs to do an inspection and it will be ready next week. Toda… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,443 satisfied customers
I have a question about security deposits between tenants
hi, i have a question about security deposits between tenants and subtenants … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
My question is regarding tenant rights and security deposit.
HI my question is regarding tenant rights and security deposit. I recently signed a lease and moved in to a new apt. The lease states $150 for sec deposit, which was paid. 2 days later the office call… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,443 satisfied customers
Can landlord take some of my security deposit to paint the
can landlord take some of my security deposit to paint the apartment before moving. wall are in good condition if any hole I covered them. I been there for 3 years walls need a retouch but there is no… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
Can a landlord use security deposit for cleaning and
Can a landlord use security deposit for cleaning and repairs? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,443 satisfied customers
My question is related to security deposit due me. Landlord
Hello, my question is related to security deposit due me. Landlord is listing bogus expenses supported by "no documentation".. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Have not received my security deposit back and trying to
have not received my security deposit back and trying to find out if i will sue the property management company or owner or both … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,443 satisfied customers
I have a question about getting my security deposit back
I have a question about getting my security deposit back from my landlord and what constitutes "damages" to the property. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,443 satisfied customers
Can my landlord charge me a security deposit upon renewing
Can my landlord charge me a security deposit upon renewing my lease. I have … read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
My tenants security deposit ($1000) was held in a savings
My tenants security deposit ($1000) was held in a savings account in my wife's name at a local credit union. On a separate personal account (in my name) at the same credit union, we have over $1000 in… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
Landlord hasn't returned security deposit in New Jersey,
Landlord hasn't returned security deposit in New Jersey, I'll sue for double. He failed to account for security deposit principal and interest, 30 days has gone by. An address was provided to him at t… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x