Legal Question in Landlord & Tenant Law in Massachusetts

Landlord witholding part of security deposit based for cleaning

What would be termed as the

tenant's responsibility. The total

deposit is 600 dollars. We left the

house in an acceptable condition.

All our stuff was moved out, the

rooms were generally clean.

I believe the landlords decision to

withhold part of the deposit rests

on my decision to leave behind the

bed and two dressers. The previous

tenant before me had left them

there. I was using them but

decided not to take them as I didn't

own them.Was it my responsibility

to remove them from the property?

Factors in favour of me keeping my

deposit would be that I put up

blinds in that room and also a

mirror. I did forget to remove the

mirror but feel that would be useful

to a new tenant.

I suspect the landlord had to do

more cleaning than he expected as

his new tenants seem like

extremely fussy people (I've met

them) Thus he's trying to recoup

some money off me.

Another issue I have is that his new

tenants threw out a comcast cable

modem that I left behind. I went

back 5 days after moving out to

collect it but they had already got

rid of it. I've had to pay Comcast 80

dollars for the lost box. Can I hold

the landlord responsible for this?

Thanks for reading!


Asked on 10/06/08, 12:00 pm

1 Answer from Attorneys

Re: Landlord witholding part of security deposit based for cleaning

You cannnot get the $80 from the Landlord. He is not responsible for things you leave after you vacate the permises.

The bed and dressers raise a question, if it was your understanding that they were the landlord's property, then you are not responsible for his cost of disposing of them. If however, he said you can use them, but they are your responsibility, then you should have taken them with you.

If the premises were damaged more than normal wear and tear and the premises were in a dirty state requiring cleaning, eg garbage was left or the floors were clearly dirty, then maybe he can claim something for that.

Good luck.

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Answered on 10/06/08, 12:42 pm


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