Legal Question in Landlord & Tenant Law in Massachusetts

Return of Security Deposit

We recently moved out of a house we rented because our landlord wanted to sell it. While we had a lease for another year, he claimed that we were tentants at will because he never signed the lease. I know that to be untrue as he accepted our increase rent check and we have emails from him stating that he agreed to the lease. We moved because we realized he was dishonest and did not want to deal with him anymore. However, he has now decided to not return our security deposit and will not return any calls or emails sent. He never gave us a reason to hold the security deposit besides an email 10 days after our month was up asking us to mow the lawn and that he said we left stuff in the house (which we didn't). He also did not put the money into an interest bearing account. I believe for these reasons we are entitles to 3 times the deposit plus interest. When we moved out we sent a certified letter stating we were moving and he sent us a certified letter with a ''notice to quit''. Can someone help me with what the next steps are? We would like to file the claim without an attorney but don't know if that is such a good idea.


Asked on 6/12/09, 11:13 am

2 Answers from Attorneys
Joseph Murray Joseph M. Murray, Esq.

Re: Return of Security Deposit

Retain an attorney as there may be additional violations about which you are not aware. Besides, if the landlord is found to have violated the security deposit law, you will be entitled to multiple damages plus your attorney's fees. Good Luck!

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Answered on 6/12/09, 11:56 am
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Return of Security Deposit

I concur with attorney Murray. You may have other claims above and beyond the possible security deposit violation.

If you ultimately prevail on the issue of the security deposit, you may be entitled to triple your deposit plus your costs and attorneys fees.

Don't hesitate to contact this office should you have any further questions.

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Answered on 6/12/09, 5:14 pm


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