Legal Question in Landlord & Tenant Law in Massachusetts

Commercial property security deposit

I sold my restaurant in Cambridge MA as of June 1, 2003. The person who bought my business negotiated a new lease with the landlord and sent him a security deposit by June 1, 2003 and six weeks later he has not returned mine. His excuse is that we changed the light fixtures and he wants to be certain that the space still has light fixtures in it. In our original lease we had permission to change any fixtures we wanted as long as we did not leave the property damaged. The new tenant took over without the landlord having to do one thing to the space. He knows there are lights in the space because the new tenant has been operating there since June 1. If I have to bring him to court can I also go after him for legal fees? Could I get any additional damages from him for his negligence in refunding my money? This is causing considerable stress, and taking up time I need to run my new restaurant, I feel I should be compensated and he should be punished for his rotten behavior.


Asked on 7/15/03, 12:04 pm

1 Answer from Attorneys
David Baker Law Office of David Baker

Re: Commercial property security deposit

It sounds like you may have a claim under chapter 93A of the General Laws. This statute makes illegal any unfair or deceptive business practice. I would send a demand letter to the landlord, telling him he has 30 days to refund the deposit or you will sue him for the deposit PLUS triple damages and attorney fees (which 93A allows). Although a demand letter and 30 days is not necessarily required in a commercial setting, it is better to make the demand and have it refused before starting a law suit. Good luck! David Baker

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Answered on 7/15/03, 6:13 pm


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