Our landlord has for the last year and a half refused to give us a a reciept or deposit information for our security deposit, or last months rent. We have copies of the cleared checks, with the note in the memo line what they were for, and WHEN Landlord cashed them, so proving he got it is not a problem. My fear is that Landlord simply pocketed the money, assuming he would charge us for costly repairs when we move out. HOWEVER we have had to do numerous costly repairs while living here, all at the landlords direction as he is out of state so he cannot fix things himself. When we submit reciepts to him for the repairs, every single time he tells us he cannot afford to pay for it right then, but will instead tell us to "take a little off each month". Last time we refused to do so, as the repairs we in the THOUSANDS of dollars. It is an old old house, and it seems like every other month something needs to be replaced, and we keep swallowing the immediate cost to do so. The landlord has never refused to pay for the repairs, he just tells us to take care of it, then take it off of rent. When we provide him with reciepts, he goes bonkers and says he cannot afford all of that, and will tell us to spread the cost out over the next several months. We had, untill last month, always done that so as to be ammicable. Last month however the repairs were very expensive.
Anyhow, what if ANYTHING can we legally do to be sure we get that deposit back? Our lease was a 3 year lease, and is almost up. Our landlord is out of state and never returns any calls or letters or emails. We have asked him for deposit reciepts a few times, and even referenced the point in the law that we should have been credited interest on the deposit on the year anniversary of the lease sign, but Landlord refused to comment. I know in my guy he pocketed the money, and has no intent of giving it back.
Return of security deposit
If the landlord fails to provide a written receipt for the security deposit, you are entitled to demand the return of the deposit. You should do that by certified mail. In addition, you should send a complete collection of receipts for the work you have performed and demand payment. Assuming your landlord does not comply with either demand, as seems likely based on the history you recount, you should sue him in either your local District or Housing Court for the return of the deposit and the amount you spent on repairs. Obviously, it is better to sort all this out now, before your tenancy ends. As an aside, you should not worry about being evicted prematurely, as long as you continue to pay your rent. You have a lease and, in Massachusetts, retaliatory evictions are illegal. Good luck.
Security Deposit
I honestly think he pocketed the money. The copy of the cleared checks we have indicates they were simply cashed at a branch local to him. As far as repairs go, can he make us handle repairs, and then "spread the cost out over several months"? For instance, most recently, there was a sizable mold issue that he asked us (in writing) to have repaired as without it we had no use of ANY of the bedrooms in the house. We were sleeping on our couches in the living room. My kids had no acces to their bedrooms. We essentially camped out for a week on the couches, it was horrible. We handled the repair, and submitted him pictures of the condition before, and after the repair, reciepts and a cost breakdown spreadsheet detailing the work done. He flipped and told us to take 100.00 per month off of rent to pay for the 2000 dollars worth of mold remediation and repairs that WE had already paid for. Obviously, this time we refused. We always pay rent on time, if not EARLY and always in full with the exception of last month and that was because the cost of repairs was far more than our rent due.
I know in my gut that when it is time to move the landlord will have a laundry list of bogus repairs he will try to deduct from the security deposit.
Repairs
The landlord, not you, is responsible for any repairs required to keep the unit in compliance with the housing and sanitation code. Depending on the amount of money involved, and given that Massachusetts law sometimes allows plaintiffs to recover triple damages and attorney's fees, you may want to discuss this matter with a Massachusetts lawyer. Good luck.