Legal Question in Landlord & Tenant Law in Massachusetts

Re: landlord right to enter an appartment in massachusetts

You are required to return their security deposit within thirty (30) days of termination of the tenancy, and you must swear under the penalties of perjury that any deducted amounts were necessary.

I would probably refund the amount of the security deposit right away, especially because you may have violated Massachusetts Security Deposit law in other ways as well. This means that your potential liability to the tenants could actually be three times the amount of the security deposit, plus their attorneys fees.

As far as entering the building, you need the permission of the tenants (except under certain circumstance), and they must not be unreasonable in allowing you access.

You should probably speak to an attorney on this one before you allow this to get into court.

Re: landlord right to enter an appartment in massachusetts

I would not enter the premises without the parents being home. It may be inconvenient, but it is the best way to proceed.

As to not returning the security deposit, if you have not sent a letter sworn under penalty of perjury as to your claim, you should do so even now as a follow-up to any conversations you had with the former Tenant and indicate what the estimated costs are. If the costs do not exceed the security deposit, you should return the difference.

If the costs exceed the security deposit, you should file a counterclaim. Do not forget to include the interest on the security deposit.

Good luck.