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In most cases when a rental property is damaged, you have the right to keep all or part of the security deposit to offset the repair costs. But again, security deposits are heavily regulated by the landlord-tenant laws in your location.
Landlord Rights When Tenant Destroys PropertyIf the tenant is evicted or already abandoned the property the landlord can deduct money from the security deposit. If the damages exceed the funds in the security deposit the landlord can sue the tenant in small claims court.
Tenant Rights to Withhold Rent in MassachusettsTenants may withhold rent or exercise the right to repair and deduct if a landlord fails to take care of important repairs, such as a broken heater. For specifics, see Massachusetts Tenant Rights to Withhold Rent or Repair and Deduct.
Find help and resolve a dispute In addition, the Massachusetts Communities and Development Housing Services Program or the local housing court can help resolve a dispute between a landlord and a tenant. If you need help, please contact the Attorney General's Consumer Hotline at (617) 727-8400.
In Massachusetts, the law affords special protections to victims of domestic violence, rape, sexual assault, and stalking. Victims of these crimes cannot be discriminated against and they can terminate the lease or request lock changes within three months of the offense.
A landlord must return a tenant's security deposit and any interest, minus any portion that was rightfully subtracted, within 30 days after the tenant moves out.
When damages or issues affect a rental unit's liveability, it is the landlord's responsibility to fix these damages at no cost to the tenant. Landlords are also responsible for repairing (and sometimes replacing) damaged items or appliances that are in the lease agreement.
The law requires tenants at will to give landlords written notice that they are moving out at least one full rental period or 30 days (whichever is longer) before moving.
If you think your landlord is violating the Fair Housing Act, you can get that landlord in trouble by filing a complaint at HUD.gov. Your remedy for breach of quiet enjoyment is to terminate the lease and move or sue in small claims court.