Legal Question in Landlord & Tenant Law in Massachusetts
landlord
I am a landlord and I had a tenant who could not pay the last mo rent and used security deposit. I paid her her interest earned from the time she first rented the apt to the time she vacated. I did not pay her each year. I did not realize I was suppose to. But, I did pay her her full amount of interest for the 3 years she lived there. When she vacated the apt she left deeply scratched wood floor, damaged bathroom window by water and a host of other things. I sent her a bill for the damage and pictures of damages. Can I take her to small claims court and if I do will I be liable for not paying her security deposit interest for each year instead of at the end of her tenancy. I live in Massachusetts
1 Answer from Attorneys
Re: landlord
Although you violated a very minor portion of the Massachusetts Security Deposit Law, you are probably better off leaving this one alone.
If you were to sue her in small claims, she would most certainly counterclaim for x, y, and z, and you would find yourself spending money, time, or both to defend. Violations of the Security Deposit law can subject you to c. 93A (Consumer Protection) claims and multiple damages and attorneys fees.
Furthermore, if she didn't have the money to make your rent payments, she probably doesn't have the money to pay a judgment - even in you are able to prevail. In other words, it is not worth it.
I advise landlords in matters such as these, and would be happy to speak with you to make sure that all your units are (and remain) in compliance.
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