I did search the forum for existing topics, but could not find anything related to my issue. So, please forgive me if this is really a recurring question.
I rented an apartment in Marlborough for 2 years. The first day I moved in, I noticed my kitchen was filthy. The sink, the faucet, the counter top, the floor, everything. I went to talk to the management, but I was turned away saying there is nothing they can do about it. I do have the proof that the kitchen was dirty (the move-in check list.) And they never sent anyone to clean it. I had to clean their mess myself.
Now, a couple of years later, I moved out. I cleaned everything to the best of my abilities. But they have charged me for stuff that I don't think was dirty, but was dirty when I moved in. Their stance is "There is nothing we can do about it, and its final." They're not ready to discuss it with me.
My question is..
- I have proof that they did not give me the apartment in spic and span condition.
- They made no attempt to rectify it.
- They're charging me now for the same stuff.
Can I do something about it. Is there anything in the law that will work in my favor?
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Editor's Response
Even if your landlord provided all required paperwork (such as the Statement of Apartment Condition) at the beginning of the tenancy, I have my doubts as to whether the housing court would allow the landlord to deduct a cleaning charge from the security deposit. Follow this link for more information about allowed deductions from the security deposit. You might try sending a Chapter 93A demand letter to the landlord and the agent requesting the money back. If you have to file suit in housing court to get the deposit back, you may be entitled to three times the amount of the deposit withheld, pursuant to Massachusetts General Laws Chapter 186, Section 15B(6)(e) and (7). Good luck. In short, send a demand letter. If you don't get the money back, go down and talk to the housing specialist at the Housing Court. They are usually very helpful to people who are representing themselves.
Wow! Thanks for the quick
Wow! Thanks for the quick reply. It was really helpful.
Did you get back your SD?
Did you get back your SD?How did you approach and solve this problem?I appreciate your feedback as im in the same mess as yours.
I lived in a condo apartment for 1.5 years and after moving out my landlady refuses to give back my security deposit of $1000.She claims that the tiles below the faucet in the bathtub have been damaged and the bathtub had a leak for which I did not notify her and that has damaged the property.That area was already in a bad condition when I had moved in.I did call her when i moved in to inform that the faucet moves from the base and she told that is the way it is and never repaired it.Also for the bathtub leak I had informed her that the people living in the unit below us are complaining of leakages.All this communication with her was over the phone and I don;t have any written statement for that.She has also charged me for carpet cleaning which already had stains when I moved in.When I was living in the unit,the glass surface of the electric stove started cracking up and she got the entire stove replaced and has charged 50% of the stove cost from my security deposit.When i moved in the stove had scratches on the surface and the oven within was totally burnt out and was black.I suspect the stove was very old.She has put this unit on sale and has used my security deposit to renovate the unit.Also she has not maintained the security deposit in a seperate bank account and has never given me the annual interest on it. Within 30 days of vacating she has sent an itemized bill for all the damages.She does not pick up my call and does not respond back to my email.Unfortunately I don't have the pictures of the unit when i moved in and she has sent the pictures for the damage.Can anyone please guide me on how to get my security deposit back?
Editor's Response
The answer to your question is contained in the thread, above. Especially if the landlord did not give you an Apartment Condition Statement at the start of the tenancy, it will be difficult for her to keep the deposit if you write a demand letter and then go to court. Good luck.
I sued the Landlord in the
I sued the Landlord in the small claims court and the court passed the judgement in my favour on the basis of the landlord not providing the SD bank details within 30 days of receiving it(Mass General Laws Chapter 186,15B) and the landlord not giving me a statement of condition within 10 days of receiving the SD.
Is it advisable to file a
Is it advisable to file a consumer complaint with the AGO as well? I called their office up earlier and explained the situation to them, and they asked me to do that.
Or should I wait and send them the demand letter first?
Thanks in advance.