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Updated over 9 years ago on . Most recent reply

User Stats

142
Posts
64
Votes
DJ Richmond
  • Real Estate Agent
  • Quincy, MA
64
Votes |
142
Posts

Tenant/Landlord - Security Deposit

DJ Richmond
  • Real Estate Agent
  • Quincy, MA
Posted

Hello All, I've got a bit of a problem that I'm seeking some guidance on.

I was a tenant for the past two years in a 3-family house in Boston where a full month's rent was held for a security deposit. I've been working in real estate for the past several years (licensed agent) and am pretty familiar with the landlord-tenant laws in this state (specifically MGL c186, section 15B), also due in part to the acquisition of my own multi-family property this past Summer.

Knowing what I know, it appears that my landlord has violated just about all regulations when it comes to the security deposit. See below:

  • In two years, never furnished a bank statement showing where security deposit funds were held - no interest paid.
  • Provided a check with a piece of paper with markings for "$75 bathroom door knob" and "$150 kitchen faucet" (No receipts, invoices, etc. - just his handwriting).
  • Check was given on the 28th day of the following month (2 days before due) and has not responded to calls/texts.

I sent a demand letter with a reasonable request, asking for the full amount of the deposit because there were no defects when I moved out. Door handle and faucet worked perfectly fine for the past two years. However, this got delivered and he was not home to sign, so now it sits at the post office awaiting his pick up.

My question is - What is my next move?

This guy is a fairly well known landlord/developer in the Boston market. I'm relatively new in the business and really don't want to ruffle feathers of a big player in my own market. Ideally I'd like this to get resolved outside of court and need for any attorneys, but that window seems to be closing. I've tried to reach out to several attorneys, but have not heard back yet, either.

One thing to note: 99% of this whole process (aside from rent checks) has been handled by the landlords relative.

Any and all advice is appreciated!

Most Popular Reply

User Stats

240
Posts
69
Votes
Tim Wilkinson
  • Investor
  • Salisbury, MA
69
Votes |
240
Posts
Tim Wilkinson
  • Investor
  • Salisbury, MA
Replied

Just for the fact that he did not put your deposit in an interest bearing account and did not send you the letter (within 30 days of receipt) telling you where the money was, how much, and the account number: They broke the law. If you take him to small claims, he CAN BE liable for up to three times the security deposit. My guess is he will likely pay you before the court date or through mediation. What a pain in the ***, but someone that has that many units should know better.

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