Legal Question in Real Estate Law in Massachusetts

tenant left question

MY tenant left with out giving us notice. we found out they where leaving when the new landlord called for a referance . THEY where there for 5 1/2 months. In that time they where paying 200 a month extra for sec. deposit, 1000.00 total. We had waited for the last payment to open an account for the deposit. We had 30 day to do this. Because they left we didn't do it. We intend to refund some of the money but not all. They still have not completly moved all there thing out and off the propity. There are damages but we only want to charge them rent for each day there stiff is there. Can we do this. I have taken photos of the damages. and all the stiff that is still there. Thank you, Michelle MAZZOLA


Asked on 9/06/08, 8:04 pm

3 Answers from Attorneys
Joseph Murray Joseph M. Murray, Esq.

Re: tenant left question

You should retain an attorney to advise you about this as you may have waived your rights to retain any of the security deposit and could be held liable for double or triple damages and their attorney fees if you violate the security deposit law.

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Answered on 9/07/08, 12:02 pm
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: tenant left question

You should consult the MA Attorney general's website information about landlord/tenant legal obligations. Here is the link. Landlords who skirt the requirements, including the security deposit account, can be punished heavily under the consumer protection statute. Go out of your way to treat the tenant fairly now to avoid much larger headaches for you later.

http://www.mass.gov/?pageID=cagoterminal&L=4&L0=Home&L1=Consumer+Protection&L2=Home+%26+Housing&L3=Landlord+and+Tenant+Law&sid=Cago&b=terminalcontent&f=consumer_agsguide_landlordtenant&csid=Cago

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Answered on 9/07/08, 10:37 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: tenant left

It is a legal wrong not to place the deposit in an escrow account, and to fail to notice the tenant about the bank in which the account exists. You should have not waited, unless there was an agreement to open the account once all the funds were collected. It is unclear if there is a lease. You can offset the amount of damages, conditioned on providing the tenant with notice of what the damages are and the costs related to repair or replacement.

There is more but it is too late at night to address these factors.

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Answered on 9/07/08, 12:44 am


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