This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Massachusetts Complaint in Small Claims Court for Failure or Refusal to Return Money Deposited for Apartment
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Multi-State
Control #:
US-01678BG
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Word;
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How to fill out Complaint In Small Claims Court For Failure Or Refusal To Return Money Deposited For Apartment?
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FAQ
Landlords are not permitted to request a security deposit from a tenant in Massachusetts that exceeds one month's rent. Therefore, the maximum amount is a security deposit equal to one month's rent.
?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.?
However, the landlord can deduct from the full amount for: Any unpaid rent which has not been withheld validly or deducted in ance with the law. Any unpaid increase in real estate taxes if you were obligated to pay it under a valid tax escalator clause in your lease.
If you appeared at the trial before the magistrate and you disagree with the magistrate's decision on the other party's claim, you may appeal for another trial by either a judge or a jury.
If a landlord causes you severe emotional distress that does not result in physical harm, you can recover for this purely emotional injury if your landlord's actions were reckless or intentional. The money damages may be doubled or tripled if you also claim that the action was an unfair or deceptive practice.
When landlords rent apartments to new tenants, sometimes they try to get more money than just the rent. They may try to tack on extra fees such as "holding deposits," "rental fees," "pet fees," or "application fees." These extra charges are illegal.