Legal Question in Real Estate Law in Massachusetts

Moving out of Appartment

In Dec 1999 I moved out of my appartment. During the move, the landlord said that we had three days to move out or he was going to throw out our things. At the time we were tenant at will. We did as much as we could in that time frame. He also started doing repairs within this time. Seven months later, he has decided to take me to court . When the property manager called me in January to talk about it I requested to speak with the owner only, he never called me. Keep in mind that he had one month's rent, then what we paid in our lease for last month's rent and security.

Now he wants to take me to civil court over damages Keep in mind there we not any holes in walls,floors,ceilings and all appliances were in perfect working order when we left. what is my case and where can I research it.


Asked on 8/10/00, 1:40 pm

1 Answer from Attorneys
Stuart Williams

Re: Moving out of Appartment

Under the security deposit law, chapter 186 section 15B, which you can find at http://www.state.ma.us/legis/laws/mgl/index.htm pretty easily and read, you are entitled to three times your deposit PLUS attorney's fees.

Read that a bit and then come back to finish reading this!

This looks like a good case; call an attorney; call me! (Start by writing me e-mail to answer these questions or clarify, please!) My e-mail is shown below, and eventually you can phone me as well.

You might have a problem with proof of the condition of the premises you left. That's a pity. If you'd called a lawyer while it was happening you would have gotten advice to take photographs or get lots of witnesses in to see the place's good condition.

But it may not matter a twit. Were you ever given a written statement of condition when you moved in?

Your posting is unclear: there was a lease but you were tenants at will?

Were you refunded your security deposit?

Why did the landlord threaten to throw your stuff out in three days? What was 3 days about? Was it 3 days before the end of your final month? Were there any witnesses to that threat?

How do you know for sure you're being sued? That could be a good thing for you; it saves a certain step legally. Why would he do that?

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Answered on 9/13/00, 10:55 pm


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