Legal Question in Real Estate Law in Massachusetts

Re: Return of Security Deposit

You can sue the landlord in small claims court. Another alternative is to send a letter under the

Massachusetts Consumer Protection law (G.L. c. 93A) and give the landlord another 30 days to

pay. If you send a proper letter and then the landlord does not pay, when you go to court, you

may be able to receive double or treble the amount of the security deposit. If you hire an

attorney, you may also be able to have your attorney fees paid by the landlord under this statute.

Re: Return of Security Deposit

SAVE YOUR PROOF!

You've hit the lottery! (Well, on a small scale.) You are entitled by law to approximately 3 times the security deposit PLUS reasonable attorneys' fees incurred in the effort to collect.) I hope it was a big security deposit!

Did they pay you (or apply to rent) annually interest on the security deposit at the 12th month of your tenancy or each anniversary thereafter? Did they ever give you a receipt saying what bank account the money was kept in?

What proof do you have that you ever paid a security deposit? (Besides your word, which is good evidence.)

If you will send me the landlord's name, address, the apartment address, and all your written proof (including the proof that you sent them the new address, i.e., copies of your certified mail receipt and the Airborne receipt showing acceptance of delivery), a copy of your lease if you had one, cancelled check for the security deposit, other written acknowledgment by the landlord that there was a security deposit, proof of payment of your last month of rent, any evidence you have that you left the premises in good shape (but don't get nervous if you don't have any!). I'll then see what I can do for you.

My fax number is (617) 527-1763, mailing address 21 Walter St., Newton, MA 02459-2509, and e-mail address [email protected], but please send what documents you have before you call.

My standard "deal" is that I take 1/3 of what we collect OR the court-awarded fee, whichever is higher, 40% in the unlikely event that there's an appeal. What we collect might typically be triple the security deposit PLUS a court-determined "reasonable attorneys fees", in which case I take 1/3 (40% if there's an appeal) of the total of those or else just the fees, whichever is higher.

One other question: why are they doing this to you, in your honest opinion?

Re: Return of Security Deposit

The law is strict regarding a landlord's duty in connection with a

tenant's security deposit. First, in order to retain a security deposit

for damages a landlord must have presented a tenant with a statement of conditions

at the beginning of the lease. The landlord must also separate the security deposit from her own

property in an interest bearing account. Tenant must be credited with interest every year

Tenant must be given the name of the bank and account number.

Within 30 days of tenant leaving the property landlord

must return the deposit.

Any violation of these rules subjects the landlord to

triple damages plus reasonable attorney fees.

I recommend you have any attorney send a demand letter to your landlord.

If she does not respond you can file suit for the deposit, triple damages

plus reasonable attorney fees and costs.

Call if you would like to discuss this matter further. (978) 465-5158.