Legal Question in Real Estate Law in Massachusetts

Taking a Landlord to Small Claims for Security Deposit?
I recently received my security deposit back minus $235 for ''damages''. These damages included a cleaning fee, a screen that was blown out of the unit during a snow storm (no fault of mine) and closet door hinges which worked fine when I left and were not brought up during the walk through. I left a voicemail and sent 2 letters to the landlord requesting my money back. He has not responded.

According to Massachusetts law, a landlord needs to give a tennant a written statement of an escrow account for any security deposit. I was never given this. He also cannot take out money for reasons other than back rent, taxes, and real damages. For this reason, I feel I can take him to court and regain my money. Also, according to Chapter 93A, I believe, if he does not respond to my certified demand letter in 30 days, I can sue for double or triple damages.

Can someone tell me if I should sue for the full $950, plus damages (3x $950) or will I need to sue for the $235 plus $705 (3x)? I chose not to cash the lesser amount refunded, I want it all back. I am owed 100% since he did not provide escrow information according to Mass General Law. Thanks for any information. Just not sure how to file damamges.

Asked on 9/06/06, 4:51 pm

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

0 users found helpful

0 attorneys agreed

Re: Taking a Landlord to Small Claims for Security Deposit?

You seem to know what your are doing. Given what you already know, what really is it that you want to know?

Answered on 9/06/06, 5:56 pm

Keywords

Match Any Match All

Country

State

Area of Law