Legal Question in Landlord & Tenant Law in Massachusetts

My apartment community is not giving my security deposit back. After vacating apartment (on move-out no apartment walk-thru was done), I followed up with the property manager over phone and I was told that there are some issues with the carpet and it needs replacement. I asked them to send me a complete list of charges / damages. I waited and then sent an email reminder. However, they did not provide me a complete list of expenses within 30 days of termination of lease / vacating the apartment. The property manager claims they sent a letter with invoice copies to me, which I never received. Very recently they sent me the scanned copies of the documents through email (after 30 days time period). This was after I told them that I never got their USPS regular mail. Their claim for damages (which is my security deposit + extra amount) is also baseless as I left the apartment clean and there were no problems. I even called a professional cleaner to clean the apartment before leaving.

Since they have not sent my security deposit and it is more than 30 days from the date I vacated the apartment, I have sent demand letter asking for 3 times the deposit amount.

In response to my demand letter they have sent me a letter (this time through certified mail) asking for the balance amount. They have given me 30 day notice else they will send my case to collection agent. They have also suggested that if I want to pursue my claim further, they will be happy to do so in housing court.

I want to know -

1) What option do I have in this situation?

2) Do I have a case to seek my security deposit (triple the amount), along with other charges/expenses, through small claims court?

3) Do I have to wait for 30 days from the day they received my demand letter, or I can file case sooner?

4) Do I need to respond back to their letter denying their claim?

5) Is there an attorney who can take my case?

Thanks.


Asked on 3/18/13, 6:08 pm

1 Answer from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

I think you need to meet with an attorney and consider filing your case in small claims.

There are a number of specific facts that will determine whether or not you have the right to file suit under the Security Deposit Law and to the amount of damages to which you may be entitled.

If your landlord did not return the balance of your security deposit with thirty days, I believe you have a claim for three times your security deposit, plus attorney's fees. If you aren't sure about your demand letter, my advice would be to wait 30 days from the landlord's receipt, just to make sure that you do not lose any claims.

You do not need to respond back to their letter making an offer of settlement.

I think it is strange that they want to pursue the case in Housing Court. You probably want to file your suit in small claims.

I think you should meet with an attorney. Our office charges $100.00 for a full consultation. If we are hired, we apply your consultation fee toward your first bill. If you have a case, our office would likely take your case on a contingent basis or hold off on billing you until your case is concluded, as a court may award attorney's fees.

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Answered on 3/19/13, 5:16 am


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