Legal Question in Real Estate Law in Massachusetts

Re: rental security deposit return

You can sue in small claims court but you must sue in Massachusetts. They were suppose to return the money or account for it within thirty days after you vacated.

Re: rental security deposit return

I recommend strongly that you not contact the management company yet until you get the full benefit of legal advice.

You are in fact entitled now to triple the amount they were supposed to have paid you plus attorney's fees and court costs. One option you have is to hire an attorney here to sue for the return of the security deposit and that attorney may be able to proceed on your behalf without you. (Friends who aren't attorneys-at-law cannot appear in court to represent you.) It shouldn't cost you anything.

There are a few questions I would ask you to answer: have they (the management) given you anything explaining why they didn't return the money, for example, a list of repairs they had to make after you left? Have they sent any money by now? Did you break your lease early and if so what agreement did you make with them about that? How long ago did you move in and what was the security deposit then? Was it ever increased (and to how much)? Were you paid interest annually on the deposit? Was there a change of ownership of the building during your tenancy?, and if so, were you notified that your deposit was being held by the new owner? When you moved in, were you given a print-out or description of the condition of the premises? (Do you have that now?)

Answer these questions in e-mail to me directly and I'll be able to tell you better what you can expect and how to get it. Please also identify what city or town you lived in, where the management company is headquartered, and where the owner lives or is headquartered if you know (and if you don't know, tell me the building address and I can find out).

Enjoy the warm winter! -- [email protected]