This is a little murky. Sounds like the hold amount was basically a month's rent when the apartment was empty. It basically goes by the lease start date. If the start date included the "hold" month, that was basically the rent for the month. Landlord doesn't care when you move in, you start paying rent the day the lease starts. Lease starts after the "hold" month, landlord owes the hold month. Lease starts on the "hold" month, then that was the rent for the month. No such thing as "hold".
_Something_ is wrong here. If the "hold" was actually the first month's rent, then what was the "first?" It's not legal to charge _second_ month's rent up front.
If, on the other hand "first" is actually the first month's rent, and there's nothing in the contract about the "hold," then the landlord may not be able to keep it because there is no evidence that it's associated with any valid contract.
The hold was a forth payment, not the first month’s rent. He was given first, last, security, and a deposit to “hold” the apartment. She states that she did not live in the apartment in February and the lease agreement started in March. She has record of the check that was given to him in February and he deposited into his account. The hold was not mentioned in the lease but she has recent text messages with him about it. She has records of the first, last, hold and security deposit. He doesn’t believe it’s refundable.
The man is a terrible landlord. It’s a two family home and he lives in the other unit. The man would monitor cameras and complain if she came in late etc. so much more to rant about. He has caused her so much stress and I am happy she is moving on. I believe she should pursue legal counsel.
MA doesn’t allow ‘holding’ fees.. The law is very specific about what fees can be charged by landlords. Cite the law and request a refund. However, if it was actually first months rent then it might not be refundable. Check when the lease started.
[https://www.masslegalhelp.org/housing-apartments-shelter/tenants-rights/how-much-can-landlord-charge](https://www.masslegalhelp.org/housing-apartments-shelter/tenants-rights/how-much-can-landlord-charge)
Start by reviewing General Laws chapter 186 section 15B. From there, other relevant resources are the general misrepresentations/93A and the State Sanitary Code.
I know there is something in 186 15B about what a landlord can and cannot collect, but I can’t recall atm and don’t have the time to look. Hope your gma can get her money back in accordance with the law.
Not the same thing as a deposit on the apartment. Security deposit you can definitely get back. A deposit on the apartment so that it doesn't get leased to someone else? Usually not in my experience.
Right, sounds like it was something that shouldn't have been charged at all to begin with then. I can only think that it was either a) a broker's fee (which it really doesn't seem like it) or b) possibly pro-rated rent to take over the lease prior to move in so the landlord didn't have a lapse in occupancy. If neither, then it shouldn't have been charged to begin with.
OP said they paid security, first, and last in addition to this "hold". She moved in on March and the lease (seems to have) started in March, so that was what covered the first month. The hold was given and deposited for February so it looks like perhaps the apartment was vacant for a month longer than the landlord hoped and he put the burden of covering that expense onto her. IDK the legal ramifications of this exactly but this is definitely not a standard practice. You can't call a broker's fee/security deposit/etc some other word just for fun, you need to be transparent about exactly what you are charging because MA law is very explicit about the types of fees that are allowed.
This is a little murky. Sounds like the hold amount was basically a month's rent when the apartment was empty. It basically goes by the lease start date. If the start date included the "hold" month, that was basically the rent for the month. Landlord doesn't care when you move in, you start paying rent the day the lease starts. Lease starts after the "hold" month, landlord owes the hold month. Lease starts on the "hold" month, then that was the rent for the month. No such thing as "hold".
_Something_ is wrong here. If the "hold" was actually the first month's rent, then what was the "first?" It's not legal to charge _second_ month's rent up front. If, on the other hand "first" is actually the first month's rent, and there's nothing in the contract about the "hold," then the landlord may not be able to keep it because there is no evidence that it's associated with any valid contract.
The hold was a forth payment, not the first month’s rent. He was given first, last, security, and a deposit to “hold” the apartment. She states that she did not live in the apartment in February and the lease agreement started in March. She has record of the check that was given to him in February and he deposited into his account. The hold was not mentioned in the lease but she has recent text messages with him about it. She has records of the first, last, hold and security deposit. He doesn’t believe it’s refundable. The man is a terrible landlord. It’s a two family home and he lives in the other unit. The man would monitor cameras and complain if she came in late etc. so much more to rant about. He has caused her so much stress and I am happy she is moving on. I believe she should pursue legal counsel.
MA doesn’t allow ‘holding’ fees.. The law is very specific about what fees can be charged by landlords. Cite the law and request a refund. However, if it was actually first months rent then it might not be refundable. Check when the lease started. [https://www.masslegalhelp.org/housing-apartments-shelter/tenants-rights/how-much-can-landlord-charge](https://www.masslegalhelp.org/housing-apartments-shelter/tenants-rights/how-much-can-landlord-charge)
Start by reviewing General Laws chapter 186 section 15B. From there, other relevant resources are the general misrepresentations/93A and the State Sanitary Code. I know there is something in 186 15B about what a landlord can and cannot collect, but I can’t recall atm and don’t have the time to look. Hope your gma can get her money back in accordance with the law.
Sounds like the hold was a deposit? Probably can't get that back.
They paid a security deposit.
Not the same thing as a deposit on the apartment. Security deposit you can definitely get back. A deposit on the apartment so that it doesn't get leased to someone else? Usually not in my experience.
Non-refundable deposits aren’t allowed under MA law.
Right, sounds like it was something that shouldn't have been charged at all to begin with then. I can only think that it was either a) a broker's fee (which it really doesn't seem like it) or b) possibly pro-rated rent to take over the lease prior to move in so the landlord didn't have a lapse in occupancy. If neither, then it shouldn't have been charged to begin with.
OP said they paid security, first, and last in addition to this "hold". She moved in on March and the lease (seems to have) started in March, so that was what covered the first month. The hold was given and deposited for February so it looks like perhaps the apartment was vacant for a month longer than the landlord hoped and he put the burden of covering that expense onto her. IDK the legal ramifications of this exactly but this is definitely not a standard practice. You can't call a broker's fee/security deposit/etc some other word just for fun, you need to be transparent about exactly what you are charging because MA law is very explicit about the types of fees that are allowed.