Legal Question in Landlord & Tenant Law in Massachusetts

Security Deposit/ Damages

3 people resided in an 3 br apartment as tenants at will for 1 year. We paid first/last/security. My dog damaged the carpet in the bedroom and hallway. The landlord also agreed we could paint the walls and agreed to pay for the paint once we told her we would move out over this. The next day her husband came over to say they were not paying for the paint. We moved out after 30 days.We did not hear from her so I hired an attorney to get my security deposit back, less the cost of carpet. She never gave a list of damages or estimates to repair. We won in small claims court, even though she filed a counterclaim for the damages. She appealed the decision and we are currently awaiting a judgment summary. There is now talk of a civil suit for the damages, which she claims are over $4000. $1200 for new carpet and lineleoum, 1600 for an unfinished paint job, etc. Would this qualify as double jeopardy as she already filed this claim against me? There was no statement of condition or signed lease. How can I protect myself from these frivolous charges? I am not sure my current attorney wants to continue working with me after we win the decision for the security deposit.


Asked on 12/26/07, 6:33 pm

1 Answer from Attorneys

Re: Security Deposit/ Damages

By filing a counter-claim for damages, she will be barred from suing for the same items unless the counter-claim was dismissed without prejudice. without reading the Court's judgment no one can be sure of your exact situation. If you had renter's insurance you would probably be enitled to a defense attorney for damages to the apartment.

Good Luck.

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Answered on 12/26/07, 6:39 pm


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