Legal Question in Landlord & Tenant Law in Massachusetts
Tenant/Landlord questions
My tenants had given notice on the 10th of May. They asked for their last months rent in return. My original question on May 10/11, I failed to remember to say of the late notice from them, not the 30 days requirement. I returned their money like I was advised.
My question is: today is June 1st. They still occupied the apartment today and we have yet to do the walk-through and return keys. I hold a Security Deposit in an interest bearing account at a bank. Could I deduct the days ( one - going on two) from the Security Deposit, or are they libel for an entire month. I've yet to see the apartment so I don't know the condition of it. Definitely needs to be cleaned plus, etc . . .
Please advise ASAP, They'll be looking to do the walk-through and their money back. I understand that I have 30 from the day they vacate to return Sec Dep.
Yhank you for your assistance.
1 Answer from Attorneys
Re: Tenant/Landlord questions
You should do the walk-through, photographing wioth a digital camera. Get their forwarding address when done, and advise taht you will return the deposit "consistent with the security deposit law." You can then determine specific withholding, etc., over the thirty days.
Please note that the security deposit law has some very specific terms that many landlords are not aware of. The failure I most often see is at the beginning of the tenancy: failure to provide a "statement of condition" allowing the tenants to respond with any flaws or problems they note. Although not always enforced in the courts, this failure entitles the tenant to a return of the deposit in full upon demand, under threat of triple damages and attorneys fees (both supposedly automatic) in an action for return.
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