Legal Question in Real Estate Law in Massachusetts

Re: Noisy Neighbors, Security Deposit, Pet Deposit, etc.

I would send the landlord a 30 day demand letter pursuant to Mass General Laws Chapter 93A Consumer Protection and Chapter 186 section 15B. If the landlord fails to provide both a signed receipt and the statment of condition you are entitled to an immediate return of the deposit or the court may award double/triple damages. If either is not provided, you are entitled to an immediate return of the deposit. As for the pet deposit, the general rule is that these are illegal unless the unit is a subsidized HUD unit. Assuming you are in a HUD unit, the landlord can only collect a pet deposit and security deposit that equals one month rent. The landlord cannot collect a full month's rent for deposit and an additional amount for pet deposit. I would demand both are returned since if the sum of both exceeds one months rent then the entire amount is considered to be one illegal deposit. As for the lease, generally, if the landlord is complying with the lease and you decide to terminate early, you would be liable for the rent for the months the unit remains unrented plus any difference in rent if the landlord can only rent the apartment for less that what you were paying (calculated throug the end of the lease term). The landlord must use reasonable efforts to re-rent. The landlord cannot sit back and do nothing and expect to collect for the remainder of the lease. The landlord must also take steps to ensure your quiet enjoyment is not disturbed. Add this to your letter that you are being distrubed by the upstairs neighbor. There was a case recently where a landlord was liable for damages where one tenant verbally harassed and threatened another tenant where the landlord knew and did nothing about it. For a sample 93A letter, try www.state.ma.us/consumer/. You will find info on landlord/tenant law and consumer protection law.