Legal Question in Real Estate Law in Massachusetts
landlord threw away my stuff, gave keys to new tenant too early
Our tenant-at-will agreement expired on May 31st, but we actually moved MOST of our stuff early in May. Landlord said new tenant was coming in June 1st, so we agree on May 28th to give the keys and be completely removed.
On May 26th, we came to finish up but our remaining stuff was gone. When we called the landlord, he said he thought it was junk, but he kept what looked valuable. We got most of our stuff back, but some items were missing. Also, he said he gave the keys to the new tenants several days earlier, so wanted our stuff gone (but didn't contact us). ALSO, he returned our security deposit without accrued interest.
We asked for:
reimbursement for 2 items, total $30.
accrued interest on sec. deposit.
Have recieved no reponse in 2 weeks. What can we do? Surely we're entitled to the above. Could we also get some rent back? Should we sue? Is small claims court an option?
2 Answers from Attorneys
Re: landlord threw away my stuff, gave keys to new tenant too early
You should wait for thirty days to pass after the end of your tenancy. Then, if the landlord has not complied with the security deposit law by returning the deposit or properly documenting the use of the deposit, you should sue in small claims court. You should also sue for the conversion of your property and the illegal entry by the landlord and giving the keys to other tenants.
Re: landlord threw away my stuff, gave keys to new tenant too early
Section 14 of chapter 186 of the Massachusetts General Laws provides that if a landlord directly or indirectly interferes with a tenant's "quiet enjoyment" of the rented premises, the landlord can be sued for an amount equal to 3 months rent, plus attorney's fees and costs. "Quiet enjoyment" means the right of the tenant to use the premises without interferance from others. Entering the apartment before the time agreed and removing your property is almost certainly interference with your quiet enjoyment. Giving keys to the new tenant would probably be indirect interference with your quiet enjoyment if it resulted in the new tenant entering the apartment. You can bring an action yourself in small claims court (where the maximum you can win is $2000) or have any attorney bring an action for you in the regular session of District Court.
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