Legal Question in Landlord & Tenant Law in Massachusetts

Security Deposit Witholding

My security deposit is being withheld pending estimates for damages that the landlord thinks are my responsibility. I thought they had to return my deposit and submit for damages separately? Also, as a tenant, should I be responsible for leaking pipes? When removing the washing machine hook-ups, although the water was turned off, it continued to run out of the pipe - flooding the basement. They're getting an estimate because the basement is moldy now.


Asked on 8/11/03, 1:51 pm

1 Answer from Attorneys
David Baker Law Office of David Baker

Re: Security Deposit Witholding

No; a security deposit is intended to ensure that the landlord does NOT have to chase around after you for money to repair damage. Thus he would be entitled to withhold the securit deposit until he knows how much it will cost. If you think that you are not responsible, you would sue him afterwards, or perhaps counterclaim if he sues you for the amount it costs over the security deposit to repair, if any. Whoever removed the washing machine would probably be liable for the damage. If you removed it, you might be better off just forgetting about your deposit. The foregoing is based on general principles, so talk with an attorney to be sure that it would be correct for your actual situation.

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Answered on 8/11/03, 4:35 pm


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