Legal Question in Real Estate Law in Massachusetts

Security Deposit

If a property management overpays a security deposit, and the tenant does not realize it, what happens?


Asked on 10/27/07, 7:30 pm

2 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Security Deposit

It sounds like the tenant does realize it.

The appropriate thing to do would be to bring it to the attention of the property management company.

Depending on the amount overpaid, they may not even ask for it to be returned.

However, if it is a significant amount of money, the management company will figure it out sooner or later.

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Answered on 10/27/07, 7:46 pm
Herbert Cooper Law Offices of Jameson & Cooper

Re: Security Deposit

Generally speaking, whenever someone receives money to which they are not entitled, the owner can request the return of the money, and the law normally recognizes the obligation of the individual to return the money.

This assumes that the amount paid is not actually the amount due because of accrual of interest on a deposit, etcetera.

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Answered on 10/27/07, 9:09 pm


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