Submitted by Wannahouse on Mon, 11/23/2009 - 02:43
The house I've been renting for 2 years (now a tenant-at-will after the 1 yr least was up) is being put up for sale. I've talked to the landlord about buying, but he is being very unreasonable on the price of the house.
When I signed the lease, I paid 1st, last and security deposit. I never got a statement regarding the bank account the security deposit was in as required by MA law nor have I ever received any statements regarding interest being earned. When I do move out, I will give the required 30 days notice and will have them apply the last month's rent paid at time of signing the lease. Based on info I've heard, I get the feeling the landlord won't be giving me back the sec. deposit. The landlord lives in a different state. Since he didn't follow MA rules regarding security deposits, I am entitled to the full amount back plus interest, correct? If I have to take him to court, would I be filing in MA small claims?
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Editor's Response
Under the circumstances you describe, it would be very difficult for the landlord to convince a judge to let him keep the security deposit for repairs, especially if he did not provide a Statement of Apartment Condition at the beginning of the tenancy. As for the interest, he only need to pay it if the account he place the deposit in paid interest.
You can sue in small claims court (District Court) or in your local Housing Court. You should also know that a violation of MA law related to security deposits may also constitute an unfair and deceptive practice under 93A and may entitle you to triple damages. Depending on the amount of money involved, you may want to contact a Massachusetts attorney who does landlord tenant law.