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Problems with the leasing consultant. Two weeks ago i decided to move to a new place(location: boston).?

The leasing consultant was very demanding & asked me to get him several papers before he agreed to give me the place. Finally i sat with him, went over the lease and signed it. I was not given a copy & he kept the papers with him. Moving date is October 12, 2006. He also asked for a security deposit and cashed it. It’s a very well known company in boston. Today he called and said they had problems with the previous tenant who occupies the apt and can not give me the place anymore. He suggested that i take another apt in the same building but for more $. He did not accept to negotiate with me nor give me the place for the same price (same size apt, different floor #). I am not sure if the leasing consultant also signed the lease (my mistake, i should have insisted to get a copy), however i have a paper with my name on it & account nb that states when the lease begins, ends, deposits due, etc and also a bank statement that he cashed the deposit. PLease HELP ME, what do i do now?

Massachusetts is an decent place for both landlord-tenant law and contract law. You don’t have a lot of time before your move-in date, but try to not panic.

1. Ask to be sent a copy of the lease by fax or email and by mail. I recommend that you ask very politely and without talking about other things. If there is an assistant that you can ask to send you the lease, even better. They are required to give you a copy of the lease within 30 days of signing.

2. The account number item that you have may be for an escrow account that is holding the security deposit, as required by law. If the lease becomes nullified, the money should be returned to you promptly.

3. Just because they are being scary with their switch doesn’t mean you can’t counter-offer. Ask that they honor the price in the original lease.

4. If you can’t work something out with this leasing rep, try going over his head at the company. It’s in their best interest to have every unit occupied.

5. There is a fantasic answer database run by the Massachusetts Legal Aid. You can’t ask a question unless you meet the income or age qualifications, but the answers are available for reading. They answered this exact question in 2005.
Question/Pregunta
I signed a lease, but now my landlord is backing out of the deal. What should I do?
Answer
Sometimes a landlord will promise an apartment to a tenant and then try to back out of the deal. If a landlord refuses to let you move in after taking money from you or signing an agreement to rent the apartment to you, the landlord cannot back out of the deal. The first thing you should do is try to talk to your landlord and find out why he or she does not want to rent to you. Maybe you can work things out.

If you want the apartment and cannot negotiate a move in plan with your landlord, you can go to court and explain the problem to a judge. To do this, go to the Housing or Superior Court in your area and file a request for a restraining order and an injunction.1 You should ask the court to prohibit the landlord from renting the apartment to anyone else and order the landlord to rent it to you.

When you go to court, you will need to prove that there was a lease, that money changed hands, or that you relied on the promise to rent to you (e.g., you turned off the utilities at your old address and had them turned on in the new one). If you do go to court there is a good chance the judge will rule in your favor.2

If you feel that a landlord may be discriminating against you because of your race, family status or any other illegal reason, there are steps you can take to protect your rights.

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