Legal Question in Real Estate Law in Massachusetts

Re: Security Deposit Issue

You've more or less hit the nail on the head.

Under the law, MGL 186 Sec. 15B, which you can read at http://www.state.ma.us/legis/laws/mgl/186%2D15b.htm, the landlord has to pay you triple the security deposit. Look there also for information about "statement of condition" which might be another arrow in your quiver.

Do not be concerned about being over the small claims limit of $2,000 because there's an exception that allows you to sue in small claims for triple security deposits even when that's more than $2,000. Come to think of it, though, you got back $400, and when you subtract that from $2,400, you are left with only $2,000 owed.

However, it is likely that you'll only get $1,200 (triple the unpaid $4,000) without a lawyer.

If you use a lawyer, the lawyer's fees are also to be paid by the landlord. A lawyer might prefer to bring the claim in regular district court (at a filing cost of $60 or $110 plus a constable service of $40) for a small variety of reasons.

MGL 186 sec. 15B is strictly adhered to. Even if there were $400 of damage, you have a violation and are entitled to triple damages.

Note that unlike most areas of Mass. law, the penalty is triple, not "double or treble", which means that there isn't any discretion in the judge or court. However, that's the kind of thing that a lawyer would impress upon a judge tactfully that a layperson might not.

One more selling point for avoiding Small Claims, besides the fact that the Clerk Magistrates don't know the law or have to use the law, is this: if you lose, you're "done"; there will be no appeal available to you. An erroneous judgment in District Court can be appealed, which is partly why I say that clerks in Small Claims can ignore the law.

But it's much cheaper to start a case in Small Claims and it doesn't require a lawyer, so it's a pretty good alternative. You can sue either where the property is or where the landlord is, and you might be able to sue where you are, also.

One nice thing about winning a judgment against a landlord is that the property can be attached if you need to for collection. Often the curse of wining in Small Claims is that if someone doesn't pay the judgment, there's little you can do about it.

If you're in the Boston area or just west, please give me a call if you need any more information. (617) 527-0050.