Q: Can I sue my landlord in MA for not returning security deposit interest after moving out over 3 years rental?
I rented an apartment in Massachusetts and moved out on January 31st after providing more than 30 days' notice. There wasn't a written lease agreement. All communication with my landlord was via text messages. Despite requesting my security deposit and interest back twice, the landlord returned only the deposit on April 8th, claiming there was damage from our tenancy without providing proof or a receipt, and alleging we did not return keys, which were never provided. I was a tenant for over 3 years, and I believe I am entitled to the full deposit and interest since I never received information about the accounts where my deposit was held, and the landlord took over 30 days to return my deposit. Can I take them to court for the interest owed?
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A:
Yes, you may have grounds to sue your landlord in Massachusetts for not returning your security deposit interest. Under Massachusetts law, landlords are required to return the security deposit, along with any interest accrued, within 30 days of the tenant moving out. If the landlord fails to do this, you could be entitled to receive triple the amount of the interest owed as part of a legal claim.
Since your landlord did not provide proof of damages or a receipt for any deductions, and the deposit was returned late, you have the right to dispute this in small claims court. The landlord is required to itemize any damages and provide evidence of the costs incurred. Without this proof, they may not be able to justify withholding part of the deposit.
In your case, since the interest was also not returned and the landlord did not comply with the 30-day requirement, you can file a claim in small claims court for the return of the interest. Keep all documentation, including text messages and records of communication, to support your case. The court may award you the interest owed, as well as any additional penalties for the landlord's failure to comply with the law.
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