Legal Question in Landlord & Tenant Law in Massachusetts

Re: Smoking in non smoking house

Clearly the lawn damage is deductible as not wear and tear. But take the contract to a lawyer to determine if you can deduct for cleaning walls without violating security deposit statute and risk triple damages and attorney fees. Good Luck!

Re: Smoking in non smoking house

I have not found any statutes or regulations on the subject. The Hemingway case decided several years ago held that a security deposit cannot be used for cleaning an apartment or for ordinary wear and tear, only actual damages over and above ordinary wear and tear. While removing the smoke film will be difficult and time-consuming, it basically consists of washing every surface, not repairing or replacing things (You could replace curtains and such, but after 2 1/2 years, that would not be unusual.) You can take a chance, but the penalty is 3 months rent and attorney's fees and costs. The other problem you would have to deal with would be how they could get away with smoking in the apartment for 2 1/2 years without your knowing about it. Did you never stop in to get the rent? See how they were doing?

The cost of repairing the lawn is properly deductible, if it is more than just the wear and tear of having a trailer with a load on the lawn. Here again, a judge might wonder why you failed to notice they had this trailer that was destroying your lawn and ask them to stop doing that. You have a duty to mitigate damages where you can.