Legal Question in Real Estate Law in Massachusetts
security deposit disappeared!
On the day my security deposit was supposed to be returned, I recieved an empty envelope! My ex-landlord claims that there was a check there. I will obviously need to do something about this, but how do you prove that something doesn't exist?
1 Answer from Attorneys
Re: security deposit disappeared!
If the payment was by personal check, your landlord could call the bank and put a stop payment and re-issue another check. Or at the very least verify the check has not been cashed. Your landlord would need to prove you received payment. The fact you received an envelop is not evidence that there was a check inside and you cashed it. If your landlord fails to make payment, file a case in Small Claims and request the judge award double/triple damages for violation of the security deposit law for failure to promptly return the deposit.
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