Legal Question in Landlord & Tenant Law in Massachusetts

Ch 93A protections when there is no security deposit

My landlord did not take a security deposit from me. Over 60 days after my lease expired I received an email stating I owed money for damages to the apartment (this was the first written notification I received and it was provided without any backup or receipts). Do the Chapter 93A protections for tenants that compel landlords to notify tenants of damages within 30 days apply to me, or does this only apply if the landlord took a security deposit? Do I owe my landlord any money?


Asked on 5/01/07, 5:09 pm

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

Re: Ch 93A protections when there is no security deposit

It is possible that the Massachusetts Consumer Protection Act (93A) does apply to landlords and tenants whether or not a security deposit was taken. Landlords (with some exceptions) are generally thought to be "engaged in trade or commerce" within the meaning of Ch. 93A.

Therefore, it cannot hurt to send a demand letter pursuant to Ch. 93A just to cover your bases.

If I can be of any further assistance in this regard, please do not hesitate to contact me at the e-mail address below and visit my website at: www.vaughnmartel.com

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Answered on 5/02/07, 9:40 am


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