In august, I started living in a house with no lease that was month to month. I signed no lease, nothing. The only papers I signed were the checks I gave every month. On the first month's rent, the landlord requested that I included a security deposit. I obliged and now -3 months later- she won't give it back. She says it was never a deposit and she's keeping it because I did not stay for a year, and didn't pay last months rent, even though I told her a month ahead of time that I was leaving with the last months check.
 
So to reiterate, she's not acknowledging it as a safety deposit at all, she's just saying it's money I some how owe her because I didn't stay as long as she wanted me too. Which is ridiculous because from day one she told me it was a month to month rental and that she wanted a security deposit... Now she's just lying her face off, saying anything that could keep my security deposit.
What can I legally say and or do to make her give me my money back?  (Posted anonymously on the Forum.)
 
Editor's Response:
 

If the facts are as you describe them (tenancy at will and you gave a proper 30 day's notice to quit), your landlord is in deep trouble. 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 part of the security deposit to pay for repairs. However, if the landlord did not give you a 'statement of condition' at the beginning of the tenancy, I don't see how she can use the deposit for repairs. Even if she did you give you such a statement, she 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, after you show this answer to your landlord, she still refuses to return the deposit, you will have to sue her to get the deposit back. I know that does not sound like a lot of fun, 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.