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?

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1 Lawyer Answer
Zachary Alan Waksman
Zachary Alan Waksman
Answered
  • Landlord Tenant Lawyer
  • Burlington, MA
  • 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.

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