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Updated over 10 years ago,
Using Security Deposit as last month's rent (MA)
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?