Legal Question in Real Estate Law in Massachusetts

Vacation Rental Security Deposit
My sister signed a lease for a rental from May 27th 2004 � June 1st, 2004 that reads ''...plus a security Deposit of $300.00 dollars to cover damages to unpaid telephone toll charges and/or cleaning of subject premises. Subject deposit (or the balance remaining thereof) to be retunred to the Tenant within 60 days of the lease termination''

In a later dated 7/24/04, we receive $81.96 of the deposit exlained by ''10 missing towels'' and the �cleaning team charged us an EXTRA $150 for cleaning the house because it was left rather dirty�.

In a letter dated 8/4 we asked for 100% of the deposit because we did not received reciepts for the towels or cleaning and the house was not dirty.
He responded on 8/11 saying no.

Does the 60 days referenced in the lease over ride the state law of 30 days? The lease also references the security deposit as a source for covering cleaning which isn't mentioned in the law. My sister, who signed the lease now lives out of state. If we take him to small cliams court can we schedule a date or is it assigned? Does she have to appear?

Thank you very much in advance!

Asked on 10/06/04, 12:36 pm

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Re: Vacation Rental Security Deposit

Small Claims court assigns the date although there is sometimes an ability to set the week of the hearing depending upon the court.

Answered on 10/06/04, 12:47 pm

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