Legal Question in Landlord & Tenant Law in Massachusetts

Should I file a claim against my previous landlord. Her reasons for withholding our security were unjustified and wrong. She did not pay 5/6 tenants because she saw a picture of us having a party online. However, she used this picture to say a few missing shingles were our fault, thus she must replace the siding of the entire apartment for $5900 which she still has not done. However, how does this picture and the shingles coincide? The house is extremely old and has wooden shingles that fall off very easily. She also used a picture of us sitting on the garage roof to claim we had caused a hole although we had called her the day the incident happened. How does a picture of 5 girls with friends over justify us paying for her siding and again how does a picture of us sitting on a roof suddenly mean we caused a hole?


Asked on 7/31/12, 3:46 pm

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

Your landlord may lawfully deduct from your security deposit any unpaid rent and a reasonable amount necessary to repair any damage caused to the dwelling, reasonable wear and tear excepted. That being said, the landlord must comply with a laundry list of rules for taking, holding, and returning security deposits. If they did not, you should prepare and serve a demand letter, then take your case to small claims. A court can, in some instances, award triple damages and attorney's fees. Feel free to contact my office if you would like representation.

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Answered on 7/31/12, 4:04 pm


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