Legal Question in Real Estate Law in Massachusetts

Lessor justified in tenant's security deposit

My current tenant in my Boston condo is moving out after 2.5 yrs. I had a painting contractor check the unit for condition and work to be done. He says the unit is badly soot damaged from the tenant's 30+ candles. Because of the soot he will have to clean, then use a stain-killing primer and then paint, costing me $1,500. Without the soot damage, he would have only charged me $600 for a simple one-coat paint job, a difference of $900. I am holding an $800 + interest security deposit. I feel I am justified in keeping it because of the extra money required to paint because of the soot damage. Am I correct? Prior to her moving in, the unit had been recently remodelled and everything was pristine. I was foolish enough not to get an apt. condition statement when she moved in but my contractor can document the damages. I also have a witness who saw the apt. before and after (my fiance). A second question would be, if I do keep the security deposit, can she try to sue me? Please advise. Thank you.


Asked on 9/20/00, 9:00 am

1 Answer from Attorneys
Joel Cohen Joel M. Cohen,P.A.

Re: Lessor justified in tenant's security deposit

In Florida, in order to impose your claim o the tenant's security deposit, you must serve such a notice by certified mail within a certain period after lease is epired. Assuming you comply with statutory notice requirements, you should be entitled to retain the deposit to cure the damages.JMC

Read more
Answered on 10/20/00, 9:19 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Massachusetts