Submitted by Anonymous on Thu, 07/02/2009 - 13:03
Everything I read tells me that I am entitled to have received my returned security deposit after 30 days. But what does 30 days mean? Is it that after 30 calendar days I should have the check in hand or that it needs to be postmarked before 30 days?
Also, I have a question of when my 30 day clock starts. My lease on paper was supposed to end August 31st, 2009. But my management company and I worked it out so that our lease ended May 31, 2009 (a new tenant moved in on June 1, 2009). I have found this passage but I need help with the interruption
"First, if you are a tenant with a written lease, a landlord does not have to return
your deposit until 30 days after the "end of the tenancy" as specified in the lease, even if you actually leave sooner. 21
21. G.L. c. 186, §15B(4). Rendall v. Tarvezian, 1984 Mass. App. Div. 13 (N. Dist.), the only reported case on this subject, says that this language means what it says even if you and the landlord agree to"
Does that mean that I should not expect my money until the end of September?
Thanks!
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Editor's Response
I do not believe that any housing court judge would apply such an interpretation to a situation where you have moved out and the landlord is free to re-rent. If you do not have your deposit within 30 of moving out, send a demand letter to the landlord. If you do not get a response, go to housing court. Landlord's who do not return security deposits in a timely manner risk incurring the wrath of the housing court judges. If I am wrong, the judge will at least give you some idea of when you should expect the deposit to be returned. Good luck.