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I live in mass, 7 years we had a lease for a 2 bedroom

I live in mass...

I live in mass , 7 years we had a lease for a 2 bedroom apartment we gave $1300.00 for first month's rent and $1300.00 as a security deposit, which clearly states it on the lease, now the lease was for 1 year aND after that they never renew the lease, we have been living there for additional 6 years as month to month, I guess tenant at will, but they kept the security deposit since then and never gave anything within 30 days of the lease showing it wento into a separate account and/or never received any interest from the landlord. Now they are trying to evict myself and wife which we have court ordered custody of my granddaughter who's on SSI for a disability and is only 3 years old , they are trying to evict us becausee my daughter and her boyfriend live downstairs in a legal in-law apartment which they rented out to 3 other people before them , they haven't paid theit rent in 3 months so he's saying I'm responsible for their rent because he was getting the checks from me, mind you for the last 1 and half years I wrote out 2 checks one for me and my wife and on for my daughter who gave me the money and I gave the check ,again separate checks, the landlord confronted me at the time and said I cant rent out the lower level because you have kids there and if I rent it out to someone who doesn't have kids I will keep having someone movingredients in and out so he said why don't you ask your daughter to move in and it will be 600 for that apartment and 1300 for yours ,now he never did a formal lease or anything with any of us since she moved in , I've continued to text him telling him this isnt my responsibility for them to pay we have 2 different apartments but he says your responsible becausweet she's you daughter and I'm not getting invloved with family matters, what are my rights , a) I'm most concerned about my security deposit, can I sue him for 3 times the amount for not giving me the interest, no Bank account information, and it's been 6 years since the written lease was up, b) he gave me an ultimatum back when he asked about having my daughter move in , he said if she doesn't move in then you will need to find yourself other liVing arrangements because I can't rent to people who doesn't have kids. I told him I don't want to move ,I'm comfortable here , he said then ask your daughter to move in, it's as he was intimidating me because he knew I didn't want to move , what are my rights , thank you

Lawyer's Assistant: PayPal, Debitcard or credit card are all fine. Are you both on the lease or title? Do you both contribute to the rent or mortgage?

My wife and I both pay the rent. But he sent a notice to leave with my name and my wife and also put the two people downstairs on it ,my daughter and he boyfriend again it's 2 separate apartments

Lawyer's Assistant: Where is the property located?

Dartmouth ma

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No i think that should do it

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Answered in 9 minutes by:
8/15/2017
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,589
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by JustAnswer and you are under no obligation to accept.

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, they haven't paid theit rent in 3 months so he's saying I'm responsible for their rent because he was getting the checks from me

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If you aren't the tenant on a signed lease for the downstairs, then you aren't liable to pay for it. If you have been voluntarily doing so, that doesn't obligate you to continue as only the person who signed the lease is liable.

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But if this was a verbal agreement, then if daughter agreed to rent the downstairs, she is liable to pay the rent..

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However, if you are month to month, then either you or the landlord can terminate the tenancy with a 30 day written notice to end the tenancy.

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But until the landlord actually gives you a 30 day notice, it doesn't start the clock running. Even after the notice expires, if you don't move, he would still have to file a formal eviction action in court to get a judgment and a writ of possession which takes around a month longer after the 30 day notice expires.

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As for the deposit, that is something that you could take up in small claims court if he actually evicted you as a breach of MA law for not disclosing the account or paying any interest.

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thanks

Barrister

Ask Your Own Real Estate Law Question

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

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Thanks much

Barrister

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,589
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
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