Legal Question in Landlord & Tenant Law in Massachusetts
security deposit deduction
does a landlord have the right to deduct money to fix a small oil leak in the driveway as well as deduct labor costs for himself because he did the work? apartment was left in good shape and also did not give them any interest on their money.
2 Answers from Attorneys
Re: security deposit deduction
It sounds like your security deposit was not handled properly, and you may be entitled to its immediate return.
The landlord has the right to make deductions from the security deposit for reasonable repairs, but there are speicific rules on how such deductions can be made - it is doubtful that they were followed in this situation.
Please give me a call if you would like further assistance.
Re: security deposit deduction
The Landlord is entitled to deduct for reasonable repairs beyond normal wear and tear and the charges need to be reasonable for such repairs.
Moreover, the landlord is required to follow specific rules regarding the escrow of a security deposit including telling you where and how it is held. Unless it is placed in an interest barring account and you are informed of the current rate of interest the security deposit accrues interest at the rate of 5% per annum. If the interest was not paid to you as part of the return of the security deposit, then you may be entitled to the entire deposit back as well as other damages.
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