August 15, 2008 by admin
Can I use my tenant’s security deposit for unpaid rent?
-- John, Harvard
How long does my landlord have to return my security deposit?
-- Thomas, Ayer
As long as the landlord has followed all of the many legal requirements for taking, holding, and using a security deposit (such as providing a statement of condition at the beginning of the tenancy), Massachusetts law allows him to use the tenant’s security deposit for: (1) any unpaid rent not lawfully withheld; (2) unpaid increases in real estate taxes the tenant is required to pay under a valid tax escalator clause in the lease; and (3) any reasonable amount necessary to repair damage to the apartment caused by the tenant or their pets or guests (normal wear and tear in an apartment is not a deductible item).
The landlord has thirty days from the termination of the tenancy or from the day the tenant vacates the apartment to return the security deposit or any remaining balance.
(Submitted by the Editor)
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