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uslawyer2004, 弁護士
カテゴリ: アメリカの法律
満足したユーザー: 228
経験:  ワシントン州及びハワイ州弁護士。シアトル空港近くにて、同じく弁護士の夫と法律事務所を共同経営。元検事。法務博士(Juris Doctor)。William Mitchell College of Law及び同志社大学卒業。
ここに アメリカの法律 に関する質問を入力してください。



Hi, there,
Thank you for your question. But I am not sure what you'd like to say in Japanese. Feel free to explain your situation in English if that's better for you.
質問者: 返答済み 2 年 前.
I had live a place that until this year August. A landlord who didn't back my deposit and last month rent. The landlord was my language school classmate, she not really landlord, she kind of like a manager for that building second and fourth floor. When I give to her money that for first and last month deposit, she didn't bring me a contract, she said give to next time when she come. But she never give to me. I didn't think to much about the contract, because I think she's my friend. I've been live there for two years. This year last month my other friend's come to Boston, he was looking for room and at that time I thought he will live there for while so I paid last month rent too. But before September first, he told me that he'll move out. And I move out already. Last month the landlord I still txt with her for something and she said to me will back my deposit and ask me about address, at that I was busy I forgot give her my new address, then I text to her my new address this month, after I told her she should back to me deposit and last month rent she just don't answer me and pick up phone anymore.
I was want to take some pictures that for her and my conversations on the phone and realized she wasn't ask me the address after I move out. Because she was asking to the other roommate about new address when I was with the other roommate at that time. Then I thought she asked me too. But I have some conversations about deposit and last month rent. If you need any key word about please let me know
Did you break the lease? Or was the lease a month-to-month?
Did you pay by cash or by check?
In either event, based on what I see here, I'm not sure if you can get back "last month rent" that you paid for your friend. It seems that your friend lived there for a short period of time.
When your friend moved out, did he (or you if sublease) give a notice to the landlord? Even in a month-to-month lease, a tenant needs to give a 30-day notice to the landlord before the tenant leaves the premise.
Did you sublease the room to your friend? Or did your lease already end?
質問者: 返答済み 2 年 前.
So everything was just by mouth.
I paid every month rent by cash too
First time I move to there I thought I'll leave around December 2013, I moved in September 2013. After December I still lived there until this year August. But last two weeks my friend lived there. I give her notice was 8/24, and she said I have to find someone to live there if not I'll lost my deposit. I find someone live ther but she find someone live there at same day, and she told me the room raised prices when she rent that room to the person, then I found the person can't live there.
Generally, if a tenant does not give a required notice, in this case, it looks like a one-month notice, a landlord can still take the rent for that month or the landlord may refuse to return the deposit if the leaving tenant does not pay a rent for that month.
But if a landlord finds another tenant on his/her own and received a rent from the new tenant, the landlord cannot double-charge the rent both from a leaving tenant and a newly moving-in tenant.
From your information, I don't know if the new tenant that the landlord found on his/her own paid for the first month rent. There is a possibility that the landlord offered to the newly moving-in tenant the first month free rent because you (a leaving tenant) had paid the last month rent. This practice is lawful. In this case, you (a leaving tenant) cannot get the last month's rent. You did not give a one-month notice so you are still responsible for the next month. But you still should be able to get a refund of your deposit if you had paid the rent for the month.
If the landlord double-charge the leaving tenant and moving-in tenant for the same room for the same month (or period of time), then you (a leaving tenant) should be able to recover the portion of the rent that the landlord double-charge you and the new tenant, in addition to deposit.
In either way, the way to get back your deposit and the last month rent that the landlord may double-charge is to write a letter and mail it by a certified mail with a return receipt requested. You need to give your address to your former landlord. Otherwise, the former landlord cannot mail you a check. You should sign the letter, too, because the landlord does not want to refund the money to a wrong person.
If you still cannot get a refund check, you will need to file a lawsuit in a small claim court in a jurisdiction where your landlord is located.
If you let me know the city, the county and the state (Massachusetts?) where your former landlord is located, I will try to look for the contact information of the small claim court.
質問者: 返答済み 2 年 前.
I live in Boston Massachusetts.
I don't know what did you talk about the letter, and where I can get it?
I give her my new address already, but after that she never replay me and didn't pick up phone either.
Also the new tenant who's found before end the August. The landlord she didn't looking for new tenant before 8/24. Because that floor has 4 rooms, the other two rooms tenant who told her 8/1 when she come to pick up rent. However she didn't do anything that shows her was rent other rooms. After I told her I'll move out, she just started showing people room, the day was 8/25.
I found the message that shows her get my last rent on August.
質問者: 返答済み 2 年 前.
I forgot tell you that she lives 31 st lukes rd Allston 02134. If she didn't move out she probably still lives there, when we at same class she told me where is she live, but I don't know which apt.
Also she told me she manage second and fourth floor at the building that I used to lived there, she said that she helped her friend to take care that building. But my other roommate told me former landlord is her aunt. So I'm not really sure about between she and former landlord relationship.
I just add something more information if it's helpful to my case.
After I moved to that apt maybe only two weeks that apt had bedbugs. And she didn't call pest control until the former landlord go back from vacation. It's almost take a month, during that time I was help her to clean the room, but wasn't works. I still have some pictures of bedbugs bites on me, also on my mattress. I bought the new mattress, she even didn't pay for that, I'm not sure she needs pay for it or no. And I still have the receipt with me.
At that apt had many problems she never fix it on time, always take so long time, for example bath's window, she took a year to fix it, after she changed it, she still left the old window at bathroom. When we told her have many mouse and cockroach, she told few weeks to call pest control.
Also on first year I used to help her get all roommates rent.
2015/9/1 I went to old apt to help my roommate move out I saw a guy move in my room which means she exactly rent my room in time. On 2015/8/31 she was text me that my friend need clean my room before move out, because she's aunt will check the room, if the room has any problems that will effect to my deposit, my friend move out at 2015/9/1 around 1 am, and the guy who rent my room come around 10 am, during 1 am to 10 am no one come to my room to check it.
So you as a moving-out tenant gave a notice on August 24, 2015 to the woman whom you believe to be a manager of the landlord. But the landlord found a new tenant who began to live in the room beginning on September 1, 2015. If I’m misunderstanding you, please feel free to correct me. There are 4 possibilities in your case. We don’t know if the landlord collected the rent from the new tenant for the month of September 2015.
1. If you had paid the rent for the month of September 2015 AND if the landlord collected the rent for the month of September 2015 from a new tenant that she/he found on her own, then you can get back both security deposit and the rent for the month of September 2015 because the landlord cannot double-charge the moving-out tenant and the moving-in tenant for the same room for the same month.
2. If you had paid the rent for the month of September 2015 AND if the landlord did not collect the rent for the month of September 2015 from a new tenant that she/he found on her own, then you can get back only security deposit.
3. If you did not pay the rent for the month of September 2015 AND if the landlord collected the rent for the month of September 2015 from a new tenant that she/he found on her own, then you can get back only security deposit.
4. If you did not pay the rent for the month of September 2015 AND if the landlord did not collect the rent for the month of September 2015 from a new tenant, for example, the landlord offered the 1st month free to the new tenant, then you can get back nothing.
For the cost that you had to pay for the mattress because of the bedbug, if it’s a recent one, you may add that cost in your claim. If it’s more than 6 month old and if you had never requested previously in writing the landlord pay the cost of the mattress, then it looks strange to add it in your claim.
It is reasonable to think that the landlord has 30-day to return the security deposit after the lease is over or after the moving-out tenant gave the mailing address to the landlord, whichever later.
Where you live now is irrelevant to decide which court has jurisdiction over your case. Where your opponents live is relevant. You don’t know where the landlord lives but you know where the manager lives, which is Allston within City of Boston. Please feel free to correct me if this is incorrect.
A letter means just a piece of white paper stating you need your money back, giving your mailing address and your signature, postage prepaid with correct address to the addressee. You don’t need a particular form. Text message is too informal.
After sending a letter if you still do not get back from the landlord your deposit or whatever money you believe the landlord owe you, the only possible way to get it back is to file a lawsuit against them in a Small Claim Court in Housing Court in Boston.
Here is the contact information of the court.
If you understand Chinese language better, some information about small claim court in Chinese is available.
Here is the information from the court about the return of the security deposit.
If you still have a question, I can offer a telephone consultation for some additional fee. Thank you.
質問者: 返答済み 2 年 前.
Should I go to my old apartment and ask the new tenement if he paid the first months rent?
No, it's too intrusive to the new tenant. But you can write a letter to inquire such a question, and dropping the letter to the new tenant's mailbox without interrupting him at his residence is acceptable. The new tenant is not required to answer such a question unless there is an official court communication, although the new tenant can elect to answer your question if the new tenant wishes.
If you happen to see the new tenant at a public place such as a grocery store but not at his residence, then it may be ok to ask the new tenant in person such a question. Again, absent the official court communication, he is not required to answer such a question, although he can elect to do so if he wishes.
At the time of filing a lawsuit, you don't need to know how much exactly your former landlord owes you. During the period of a lawsuit, you can reduce the amount of your claim. Increasing the amount is more difficult than reducing it.
So if you don't know at the time of filing a lawsuit the dollar amount that your former landlord may owe you, then you ask the maximum amount that you think your former landlord owes you, and then you can reduce the amount later if you find differently at a later date.
Please evaluate my service. I have read your multiple posts, identified required additional information necessary to assess your case, researched the Massachusetts court website, provided you useful information about their small claim court and answered your question in detail. If you don’t evaluate, Just Answer will take your deposit, and I will not be paid at all. As repeatedly stated, Just Answer is not a free service. No experts want to work for free. I request you be fair to me. I’d appreciate your fair business in advance.
質問者: 返答済み 2 年 前.
I've been busy for this few days, sorry for late feedback

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