Legal Question in Real Estate Law in Massachusetts

Re: Security Deposit, Eviction, Snow Removal

The proper procedure for the landlord to raise the rent for a tenant at will is to serve a 30 day Notice to Quit terminating the current tenancy and offering a new tenancy at the higher amount. If you reject the offer of the new tenancy, you can continue to pay the old rent, however, the landlord can file a summary process case based on the previous termination of your tenancy (assuming the landlord served the proper 30 day notice to quit). At the hearing you can offer any defense (insufficient notice) and counterclaims. It appears from the facts listed, you would have a claim regarding the security deposit since the landlord did not put in the correct account at the inception of the tenancy; no interest was paid; and I assume the landlord did not provide a receipt or statement of condition at the outset of the tenancy. Contrary to the landlord's assertion, you have the right to request an immediate return of the deposit plus interest. The landlord cannot defeat your claim by simply putting the money in the proper account. For more information, see the following site: www.state.ma.us/consumer/. There is a link to Tenant/Landlord information which details what steps the landlord has to take regarding the security deposit and your possible claims.