Legal Question in Landlord & Tenant Law in Massachusetts

I rent room in my home. I give the following receipt that is signed by the both of us. The person paid everything in cash, but didn't give me 4 weeks notice, and left before 52 weeks. My intention with the wording below was they had to stay at least one year for the security deposit to be refunded. They only stayed 6 about 6 months. they are taking me to small claims court. Is the receipt I they signed below sufficient to protect me?

I MY NAME received $500 towards as a security deposit for a room in my home. To move in requires $500 security deposit + 1st week rent of $125.00. Security is refundable after 52 weeks, less any damages if any. Holes in walls or woodwork or un-cleaned room constitute damage. Please leave the bathroom clean after use. Four weeks� notice is required and must allow the room to be shown during that time. No quests or kitchen privileges. A microwave & small refrigerator is allowed in the room. Cleaning supplies are provided for the upstairs and is a shared responsibility with each person to clean the upstairs bathroom, hall and stairs on an alternating basis according to the cleaning requirements outlined below. Non-payment or compliance, for any week, immediately terminates your being allowed to stay in my home and forfeiture of security.


Asked on 8/05/13, 2:22 pm

1 Answer from Attorneys
James Thomas Kinder Law Office of James Thomas Kinder

From what you stated, it appears as though you were running a boarding house. In Massachusetts, a rooming or boarding house tenant becomes a tenant-at-will after three months of tenancy and is then afforded all the rights of a tenant-at-will.

You stated that you took a Security Deposit equal to One Month's Rent. In Massachusetts, the law if very clear regarding Security Deposits. Under M.G.L. Chapter 186 Sec. 15B, If the landlord�

- Uses a lease which attempts to influence the tenant to waive his security deposit rights,

- Fails to deposit the security deposit in a Massachusetts bank and provide a receipt from that bank within 30 days,

- Fails to make security deposit records available

- Fails to provide a list of damages within 30 days of termination if deductions are to be made

- Fails to return the security deposit (or balance after lawful deductions) with accrued interest within 30 days of termination

- Fails to transfer the security deposit to the new landlord within 45 days of the date of ownership transfer,

The tenant is entitled to TREBLE (triple) DAMAGES, plus court costs and reasonable attorney�s fees.

What are they suing you for in small claims? 1. Return of the security deposit? 2. Failure to abide by the Massachusetts Security Deposit Laws? or 3. Both?

If you failed to comly with the Security Deposit Laws,, and they are suing you for failure to do so, you may want to contact them [or their attorney] and attempt to resolve this short of trial.

I hope this helps you. Best of Luck to you.

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Answered on 9/19/13, 11:46 am


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