I rented out an apartment for $2000 from the landlord and I signed a sublease with a guy for one of th rooms for $1000. The guy was living in a different state and signed the lease with me after looking at the photos and video I sent him. He paid me $2289 for first month, last month rent and brokers fees. After arriving at the house he said that he didn’t like the apartment, there were cracks on the floor, window was old etc. which are common in an old apartment (pre world war 2 building). He sent me a written email stating that he is not interested in staying the Apartment and he considers his obligation cancelled. I told him over text message that the leade agreement I signed with him states that he owes me $12000 for 12 months, but as a goodwill I will return his money ($2000) if I don’t incur any loss at the end of 12 months. I sublet the same place for a different guy, but only for 8 months because I couldn’t find anyone for 12 month within short notice.
Now the guy has sued me in small claims saying that the place I showed him in photos doesn’t resemble what he saw etc I have to appear in the small claims court next month. Does he have a case ?
Mass. has very rigid laws regarding tenant funds, including the requirement of an escrow account. Be sure you complied with all your obligations before incurring a lawsuit that could result in treble damages.
The foregoing is for general information purposes and does not establish an attorney-client relationship.
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