Legal Question in Landlord & Tenant Law in Massachusetts

My apartment community is not giving my security deposit back. They are saying that the carpet have some spots etc. and would need complete replacement for the entire apartment. In addition they are telling me that the stove and bathroom sink needs to be replaced as well. I left the apartment clean and there were no such problems. I even called a professional cleaners to clean the apartment before leaving. I am waiting for complete list of expenses from them.

Under MA law, I can send demand letter and file case with small court if they do not send me the security deposit or bill of charges within 30 days. I want to understand when do we consider 30 days completion before I can send demand letter?

My lease with apartment expired on Nov. 31, 2012. Lease was signed by my wife and me. In October, 2012 I met with an accident and knew that I will not be able to move-out in Nov/Dec 2012. We asked leasing manager to extend our stay for 2 months (till end of Jan 2013). We did not sign any formal extension of lease and in return apartment community charged us $75 extra every month (for Dec & Jan). When I was in the hospital, the Leasing Manager asked my wife to sign on a simple paper saying that the lease needs to be extended till end of Jan 2013. She did that but I never signed that document. With some help we were able to move out of the apartment on Jan 12, 2013 and handed over the keys to leasing office. We requested them to pro-rate the January rental which they declined.

In such situation, will the 30 day period start from Jan 12, 2013 or Jan 31, 2013? If they do not send me the deposit or details of expenses before Feb 12, 2013 can I send the demand letter asking for 3 times the deposit?

Thanks.


Asked on 3/04/13, 7:34 am

1 Answer from Attorneys

You can send them the demand now as it is more than 30 days after you moved out and even if they could argue they had until the end of January before the 30 days is up.

So send a demand requesting your entire deposit back.

If there is more than normal wear and tear they can seek to take it from the security deposit. Unless you abused the appliances in some way, I doubt they have any claim for those items.

As for the stains in the carpet, when you moved out there should have been a walk through with the landlord.

Good Luck

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Answered on 3/04/13, 8:05 am


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