Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 10 years ago,

User Stats

102
Posts
10
Votes
Donald M.
  • Real Estate Investor
  • Boston, MA
10
Votes |
102
Posts

Using Security Deposit as last month's rent (MA)

Donald M.
  • Real Estate Investor
  • Boston, MA
Posted

I have been a landlord in MA for 5 years and I have heard that tenants frequently do not pay the last month's rent and ask for the security deposit to be used. Most of the time this has not happened to me, and once it happened with a reliable tenant which I agreed to, but I have a tenant now that I suspect has caused some damage; regardless, I want to know what I can do if this situation arises and what the laws are in MA.

I do not think it is correct for tenants to get the idea that they can do this and I would like to pursue it if the need arises, also being inexperienced I am willing to pursue it legally.

If a tenant does not pay by the first of the month (or next business day), I understand I can hire a constable (@Rob Beland suggests) to deliver a pay or quit notice giving the tenant 14 more days. How do I find one with inexpensive rates, or is it standard? After this can I hire the same constable (or do I require an attorney) to file an eviction notice? Should I also report nonpayment to the credit bureaus and sue in small claims court for the rent amount? Can I charge the tenant the fees for hiring the constable and should I describe this whole procedure in the initial lease agreement?

Loading replies...