If I signed a rental application and gave the first month’s deposit, can I rescind it within 3 days?

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If I signed a rental application and gave the first month’s deposit, can I rescind it within 3 days?

I’m wondering if I have 3 business days in MA to rescind the application contract. The application says that I forfeit the 1st month’s deposit if I do not sign the lease if the landlord approves my application. If I can rescind, how can I obtain my deposit back? It is 3 business days or 3 days including the day I signed the application?

Asked on January 9, 2012 under Real Estate Law, Massachusetts

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you simply signed an application for renting a unit but not a lease where you paid the first month's deposit, the rental application is not a binding contract where you would be entitled to receive your entire deposit back even if you give notice more than three days after the application was submitted.

For the landlord to keep the deposit even if you never signed the lease is in my opinion an unfair business practice. You would be entitled to receive your deposit back if you never signed the lease regardless of when you gave notice to the landlord that you did not want the rental.


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