You are here

Security deposit check is cashed by landlord and a probable fraud(?) screenshot of an online statement of an online bank issued

I am a tenant at Shrewsbury,MA. My lease is ending this month (July 2013) and I have been asked by my landlord to leave the apartment. We decided to move out and notified our landlord of the same. As we were planning to leave by month end, we wanted to know the details of our security deposit since we are about to leave the place. No receipt of it was furnished to us within 30 days of giving the security deposit last year when we rented the apartment.

On being repeatedly asked for a statement and details of the bank and branch in MA where our security deposit is being held, our landlord has emailed us a screenshot of a CapitalOne360 bank account statement. The statement neither gives any branch details, bank details, account holders name or even the apartment address where we stay. I felt suspicious about the statement as it was lacking any of our details and called up Customer Care of CapitalOne360 who although refused to give me the account details, but specifically mentioned that the bank does not have any branch in the Commonwealth of Massachusetts. It is only some form of online banking system. They also mentioned that they are not in a position to share the account details unless it's mine.

Being further suspicious, I went to my bank for the details of the security deposit check. They issued me a detailed copy of the check. My bank informed me that my landlord had an account in the same bank at a different branch in MA where he had encashed the check last year and did not deposit the check on any account. The details in the check stand testimony to it.

I have asked my landlord for a refund of the security deposit in an email earlier this week and he has not replied to that demand ever since and has simply ignored it.

I am aware of the fact that MA Security Deposit Law is one of the most tenant friendly statutes in the United States. However, I am a bit concerned about my security deposit. It would be great if anybody can guide me through this.

Share this with your friends

Please read some of the numerous posts on this forum regarding security deposit rules for landlords.



Our landlord claims to have deposited the encashed money of the security deposit check in an online bank account, which does not have any branch in MA. He claims that there is no requirement in the law that the bank account in which the security deposit is held should be a bank in MA. The landlord has informed us that even online interest-bearing bank accounts serve the same purpose.Is this true?


I don't believe that is so.  You can read this post re banks for security deposits.  Also, the other provisions of the security deposit law must also be satisfied, such as the receipts the landlord must supply.


Talk to a Landlord and Tenant Lawyer Today
Most offer FREE Consultations
Connect with The Forum
facebook google twitter linkedin