Legal Question in Real Estate Law in Massachusetts

I bought a house in Aug.1 2007 in MA, but the previous owner didn't deliver the unit vacant. There were 3 guys living in the unit, their lease was ended on 8/31 2007. The previous transfered the security deposit to me ($1500).

After one month, those guys moved out without cleaning the room, and left a lot of damages. They didn't leave any contact information neither (they even didn't notify me when they moved out). I had no idea to send any mail to any of them. I finally found one of the guys' email in March 2009,and send him an email to notify him to discuss the deposit. He responded one email, and then disappeared.

My question is: what should I do to deal with the security deposit? I spent time to clean the whole apartment (I took pictures), and paid a contractor to fix and repair those damages.

Thanks for your help!


Asked on 9/08/09, 2:39 pm

1 Answer from Attorneys

Send a letter to their last known address, even if that is the apartment address. Indicate what you are deducting from them for their security deposit. Tell them if you do not hear from them within 30 days, you will escheat the funds to the Commonwealth of Massachusetts.

Then Contact the Commonwealth's Abandonned Funds group and ask how to forward the funds to them. Technically, such deposits are not yours to keep and should either be refunded to the tenant or escheated to the Commonwealth.

So if you have $800 in expenses, deduct them and send the balance to the Commonwealth.

Good luck and if you have additional questions please feel free to contact me.

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Answered on 9/13/09, 3:04 pm


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