Legal Question in Civil Litigation in Massachusetts

You should make an immediate demand for the return of your security deposit. If they do not return it, you may have claims under the Massachusetts Security Deposit Law.

Did you get and approve a written Statement of Conditions when you started the tenancy? This document should describe the condition of the carpet at the time your daughter moved in. Landlords are required to provide this documentation at the beginning of the tenancy if they collect a security deposit. Before signing it, you or your daughter would have been able to amend it, to make sure it was accurate. If the landlord did not provide you with this documentation, he or she cannot keep your security deposit under any circumstances (although they could still bring a claim against you for damages, but not using the security deposit, which must be returned). If the landlord did provide you with this documentation, you should review it to see what it says (or doesn't say) about the condition of the carpet. This kind of dispute us exactly why this documentation is required any time a landlord collects a security deposit. Good luck.