Legal Question in Landlord & Tenant Law in Massachusetts
Security Deposit
My toilet broke there was nothing jammed in there from any one in my household, and it was having problems flushing from the start. My landlord finally fixed it and is now telling me that it is coming out of my deposit. Can she do that if I didn't cause the problem in the first place? also she has never put my deposit in an account and has not shown me a statement to prove it is not gaining interest.
3 Answers from Attorneys
Re: Security Deposit
The landlord cannot require you to pay for damage you did not cause.
If the landlord has not properly handled your deposit, you have the right to its return. Under the statute, there are situations which require the Court to triple the deposit on a judgment. I have not reviewed the statute in several years, however, so you should obtain further advice before seeking the deposit's return or other legal action.
Greg Lee
Re: Security Deposit
Attorney Lee is correct.
I am located in North Quincy. Please feel free to contact me if you would like representation in preserving your rights as a tenant.
Re: Security Deposit
Your Landlord cannot charge you for damages you did not cause or for normal wear and tear.
If your landlord has not handled your deposit properly, you may be entitled to its return,5% interest and in some cases legal fees and treble damages.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
