Legal Question in Real Estate Law in Massachusetts

interest on last month's rent payment

Hi, My husband and I paid the last month's rent upon moving in approx 7 years ago (6 years and 10 months to be exact). It was the first time we rented and we were not aware of the fact that we are supposed to receive interest each yr on the amount that we paid for last month's rent, according to our former landlord, apparently they were unaware of this rule as well. We just moved and into another apartment and the realtor was extremely knowledgeable so she told us about this rule in MA where the landlord must give you the interest on the last month's rent that we paid when we first moved in. She also told us if the landlords did not put the money in the bank, that they were to pay us 5% on the amount we paid as last months rent ($1100) each year. Since they failed to do this each year, we informed them of this rule, but apparently theymisunderstood the law, because as we were leaving our apt to move to another apt on April 30th, they handed us a ch eck for 55$. We told them this would be the amount for EACH year we lived there, which was a total of 6 yrs and 10 mos. We gave them the check back and havent received money from them, they are checking into it with a banker.

Any advice/idea how much we may get back


Asked on 5/07/09, 10:50 am

3 Answers from Attorneys

Michael T. Dwyer LAW OFFICE OF MICHAEL T. DWYER

Re: interest on last month's rent payment

I just returned from court on this issue. If he doesn't pay you the interest, he might be liable for triple that amount in court.

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Answered on 5/07/09, 11:34 am
Joseph Murray Joseph M. Murray, Esq.

Re: interest on last month's rent payment

You should consider retaining an attorney to send a proper demand for payment of the interest due, as a refusal by the landlord to respond may entitle you to triple the amount due plus your reasonable attorneys' fees. Good Luck!

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Answered on 5/08/09, 4:47 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: interest on last month's rent payment

Attorney Dwyer is correct.

You should retain an attorney to to draft a demand for return of the money. Failure to do so could result in penalties at any eventual trial on the matter.

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Answered on 5/07/09, 1:23 pm


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