Legal Question in Landlord & Tenant Law in Massachusetts

Re: Tenant/Landlord questions

If the tenant has already paid for the last month of their tenancy and you continue to hold a last-month's rent payment, you should return it to them immediately, with interest.

There are very specific procedures you must follow if you are going to take any part of the tenant's security deposit, including a sworn and itemized statement of damages. You should also return to the tenant any interest actually earned on their security deposit, or 5%, whichever is greater.

If you think you have violated Massachusetts's specific Security Deposit law already, it would be safter for you to simply return both the security deposit and last month's rent payment, with interest, immediately.

If you believe you need help implementing or following proper landlord procedures, please feel free to contact me at the e-mail address below.

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www.vaughnmartel.com

Re: Tenant/Landlord questions

You should return the last months rent immediately and include any interest earned on it. If you did not put it in an interest baring account, then you need to pay the statutory 5% interest rate on it.

You are obligated to return the security deposit within 30 days of the tenant vacating the premises, less any claims made for damages sworn to under penalties of perjury, together with accrued interest to date (again if not placed in an interest baring account that you can show if required by the Tenant to do so, then the statutory 5%).

The walk through should be done when the Tenant hands over his or her keys and has vacated the unit. You should walk through with the Tenant and ask them to sign something indicating they have agreed to the following needing repairs.

You can get a lot of guidance to being a good landlord from the Mass Trial Law Libraries on line.

Feel free to call me if you have more questions.