Submitted by NUboston17 on Wed, 07/01/2009 - 16:09
My roommates and I moved out this past September. When we received the security deposit information it said we owed him 1500 dollars on top of our entire deposit. We were told we could despute the claims, which we did due to the unbelievable things we were being charged for ($4,000 for 10 year old carpets because "too many people walked on them"). I was told that there were 35 other people in front of me and we would have to wait; he would contact us. That was around January, and the last we have heard from the management company. What can we do? Also I was told because they have held our money for so long that we should get damages in return (this may just be hearsay). Please inquire. Please help some poor college students out!
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Editor's Response
I'm not sure what your landlord is doing, but Massachusetts law requires your landlord to return the security deposit within 30 days after you move out.
Typically, if you caused damage to the apartment, your landlord may use the security deposit to pay for repairs. However, if the landlord should have given you a 'statement of condition' at the beginning of the tenancy. If you did not get one, it will be difficult for him to use the deposit for repairs or rug replacement. Even if he did give you such a statement, he must give you a detailed list of what she spent the deposit on, including an estimated repair cost within 30 days after you move out. This statement must be signed under penalties of perjury.
If you want your deposit back, I would not wait for the landlord's appeal process, whatever that is. You will likely have to sue the landlord. I know that does not sound appealing, but housing court is very friendly to pro se plaintiffs (people representing themselves) and there are 'housing specialists' to help you out or to mediate with your landlord. Also, if you have to sue to get the deposit back, you may be entitled to three times the amount of the deposit, pursuant to Massachusetts General Laws Chapter 186, Section 15B(6)(e) and (7). Good luck.