Legal Question in Real Estate Law in Massachusetts

Re: Security Deposit

PART 1 of 2.

Can you sue? Yes. It's just going to be a matter of who can get the judge to believe them. If you win, you get 3 times the security deposit and if you use a lawyer, his fees are paid also.

Notice I didn't say 1 to 3 times or even double to treble the security deposit. It's 3 times, if you win. Actually, it's three times the amount he should have paid you, which isn't necessarily the entire security deposit; if a judge believes him that a cleaning was needed (but not replacement), he could deduct first the cost of the cleaning, and then treble (triple) the remainder. How much was the security deposit?

I have another important question: when you moved in 18 months ago, did you receive a signed "statement of condition" (and maybe sign it yourself) describing the condition of the premises? Also, did you receive a receipt for the security deposit showing you in what bank escrow account it was being held? After one year, did you receive any interest payment on it, either as a check or as a reduction in rent?

Back to the facts: if the carpet was in perfect condition, he wouldn't actually have replaced it, would he? It seems suspicious to me! I'd ask why he'd have first cleaned it and then replaced it, but the answer would be that the cleaning didn't work. So you can subpoena someone from the carpeting company whose receipt he gave, but start by calling them up in a friendly way and founding out what you can ... what color is it, etc. Be a detective!

Query: why did you clean it as often as you did?

Do you have any witnesses to the condition of the carpet?

Did you have any pets? Cats in particular ... cat urine is notorious for permanently damaging carpets.

CONTINUED ....

Re: Security Deposit

PART 2 of 2.

There's more for me to say ... you can bring this to Small Claims Court without an attorney, even if the triple damages exceeds the normal $2,000 limit on small claims. Drawbacks: 1) the 'judge' won't know that unless you show up with a copy of that law and might cap your damages at $2,000; 2) if you bring the suit and lose, you have no right of appeal; if the landlord loses, he CAN appeal (and will, and will use an attorney for the appeal if not for the first hearing, and will have the advantage of having heard all your evidence the first time); 3) the 'judges' in small claims aren't really even lawyers and don't know the law as well as real judges that you would get in District Court; 4) the small claims judge won't realize that he doesn't have the ability to decide whether or not to triple the damages, either.

There are possible advantages of Small claims: you get to have a hearing sooner, more efficiently, and for less cost / lower filing fees.

Attorneys taking security deposit cases typically ask for 1/3 of what you get (after filing and other expenses) or else the attorney's fee awarded by the judge, whichever is higher. I take such cases sometimes myself but I ask for a small retainer first; I rarely use Small Claims procedure because of the drawbacks.

Call or write to me directly if you wish.