Legal Question in Real Estate Law in Massachusetts

Re: Return of Security Deposit

Below is info from the State of Mass website under the consumer affairs division. The link is

www.state.ma.us/consumer/Pubs/tenant.

"Damage Deduction for Security Deposits: The landlord must return your security deposit or balance within 30 days after the termination of tenancy. The landlord can only deduct for the following:

any unpaid rent which has not been withheld validly or deducted in accordance with the law;

any unpaid increase in real estate taxes if you were obligated to pay it under a valid tax escalator clause in your lease; and

a reasonable amount necessary to repair any damage caused by you, any person under your control, or any person on the premises with your consent. Pet damage can also be deducted. You do not have to pay for reasonable wear and tear associated with normal use.

If the premises are damaged, the landlord must provide you with a detailed list of damages and their necessary repairs within 30 days after the tenancy ends. The landlord or agent must swear to this list under the pains and penalties of perjury. In addition, the landlord or agent must provide you with written evidence indicating the actual or estimated cost of these repairs, such as estimates, bills, invoices, or receipts."

Also, if the landlord failed to pay you interest or provide the correct receipt and statement of condition when you rented the unit, technically, the landlord can not deduct any amount from the deposit since he/she failed to handle it properly. You should file a claim in Small Claims Court to recover the amount plus double/triple damages for violating the Consumer Protection Laws (93A).