Legal Question in Real Estate Law in Massachusetts

Re: Security Deposit Law

Based on these facts, you could certainly assert the mishandling of the security deposit as a defense. If you have a signed receipt from the landlord stating she received a security deposit then the burden would be on her to prove she complied with the statute. Do you have a canceled check showing the security deposit check was cashed? If the landlord gave you no receipt then you will need to provide evidence of payment (testimony as to date/time/method of payment). However, it sounds like in her answers to your discovery she admitted taking the deposit but it was lost/stolen. Once a landlord admits taking a security deposit, the burden is on her to prove she complied with the statute.

As for the 14 day notice, the method of delivery is really not important. The key is receipt by the tenant. The landlord must show the court that the tenant received the notice and the 14 days has expired prior to filing the case. Generally, landlords will have a constable or sheriff serve since both will complete a return of service which will indicate how the notice was served. The burden is on the landlord to prove receipt.