Legal Question in Landlord & Tenant Law in Massachusetts
Hello,
My cousin was injured while under the influence of marajuana in his apartment. He lost a significant amount of blood that will require professional cleanup and has been evicted. His landlord has said that he will be responsible for the deductible on the homeowner's insurance. I think that this should be covered by his security deposit (less than the 1,000 deductible). Is he responsible for the damage to the apartment?
2 Answers from Attorneys
Yes and if the security deposit is deficient, he will owe the balance. A security deposit is not a limit on a Tenants liability for damages.
I am sorry to hear that your cousin was injured.
For damages that would require professional cleaning or other non-routine repairs, your cousin is certainly liable. Assuming that the security deposit was managed lawfully by the landlord, he may follow the lawful procedure for deducting damages. Beyond that, the landlord will need to pursue your cousin for the balance. Good luck.
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