Legal Question in Real Estate Law in Massachusetts
Landlords
We (my husband, myself and my mother in law) have been living in the same apartment for 2 years. Never had any complaints against us...we are quiet and keep to ourselves. When we moved in We never received any paperwork for our security deposit account. He gave my mother in-law a receipt for the deposit and that was it. We are tenants at will and gave our land lord a written 30 day notice. Now he has been giving us attitude saying that he wont give us our security deposit back, because the last time he was in there, the dishes werent done and there was stuff (clothes, etc..nothing big) on the floor. He claims those as ''damages'' to the apartment. There are no dings in the walls, we werent allowed to use nails and we didnt. After we packed everything the apartment looked the same as when we moved in. The ''landlord'' doesnt even own the house, he just comes to collect the rent. His wife owns the building and its in her name. Does he have the right to demand to see the inside of the apartment while we are still renting? I'm afraid he's just going to let himself in...and will we be able to get our security deposit back with interest??
2 Answers from Attorneys
Re: Landlords
If you are tenants at will, a 30 day notice is proper.
Your landlord cannot deduct such "damages" from the security deposit. The landlord can only deduct if there is damage to the property, and it is not normal wear and tear.
There should have been a record when you first rented about the condition of the apartment. You are not responsible for pre-existing damages.
With notice, the landlord can seek to visit the premises.
The security deposit must be placed in an interest bearing account, and you should have been given notice of the location of the account, and periodic statements. The failure to do this can give you a right of action against the landlord.
You should also, before you move, take pictures of the unit, and do a walk through with the landlord.
If you have any further questions, contact me.
Re: Landlords
I agree with everything Attorney Lebensbaum said. In addition I would add that the landlord has 30 days after to vacate the premises to return your entire security deposit with interest, or an itemization as to the "damages" he us claiming.
If he fails to give you the money back within that time you may be entitled to triple damages and attorney fees.
You must be able to prove that it was in fact a security deposit and not just last months rent.
If you have any questions please feel free to contact me.
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