Legal Question in Landlord & Tenant Law in Massachusetts
I am a landlord in Massachusetts and my tenant just moved out and turned off the heat with 3 weeks left on her month to month lease. Can I use either her last months rent or security deposit to pay for those utilities till the end of her lease or until I have it rented out? What is the tenant's responsibilities regarding keeping an apartment heated during winter months? Thank you!!! Alicia
2 Answers from Attorneys
If you have a written lease, the written lease determines the answer to this question. If you don't have a written lease, then it is your obligation to pay the heat and you can't charge this to the tenant.
If you have a written lease, you can charge the utilities for the month to the Tenant. Any repairs beyond normal wear and tear can also be charged against the security deposit.
If she owes rent under the lease you should apply the last month's rent first. Any charges you make should be sent to her in writing to her.
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