Wilmington, MA asked in Landlord - Tenant for Massachusetts

Q: Demanding full security deposit after 30 days of lease end

I moved out of my previous place 35 days ago. I gave proper notice 60 days in advance, and provided the landlord with address to return security deposit.

35 days later he says the damages go over the security deposit amount (implying he wont return money) and does not provide any explanations or list of damages.

Looking at Chapter 15 B. In MA, the landlord is required to provide list of damages with bills of repairs within 30 days of end of lease period. But he did not provide us with any list, Also, he did not provide us with receipt for the deposit or bank account information when we moved in 3 years ago. Chapter 15 says he had to do all these things in order to get his deposit back. I am thinking of sending a formal letter requesting full security deposit saying I am entitled to sue as per Chapter 15B. Any advice in this case? Am I interpreting the law properly? Can he still keep the money even if he didnt follow the timelines? Is this a small claims court issue?

Related Topics:
1 Lawyer Answer
Zachary Alan Waksman
Zachary Alan Waksman
  • Licensed in Massachusetts

A: I cannot give advice in this forum.

However, the landlord does not appear to have followed Section 15B. It may be too soon to sue, though. What court you bring this in will depend on the size of the deposit and the damages.

You should consult an attorney for assistance drafting any correspondence with the landlord and for further assessment of your claims.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.