Massachusetts Letter - To Tenant In Response To A Challenge To The Security Deposit Refund
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How to fill out Letter - To Tenant In Response To A Challenge To The Security Deposit Refund?
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FAQ
In Massachusetts, a landlord is not allowed to charge a cleaning fee. Massachusetts landlords cannot deduct from the security deposit charges other than unpaid rent and water bills, unpaid real estate tax increase and cost of damage to the unit.
Landlord Not Returning the Security Deposit: What to Do If your landlord refuses to return your security deposit, ask the landlord to substantiate his decision. If he refuses to do so, consider sending a letter of demand. As a last resort, you may file a claim in the Small Claims Tribunals.
You ought to have issued legal notice to the landlord before vacating the premises. Issue a lawyer's notice now to him expressing your intention to vacate and claim the recovery of the advance deposit. 2. If he refuses to refund the deposit then you may file a lawsuit for recovery along with interest against him.
Damage deduction for security deposits However, the landlord can deduct from the full amount for: Any unpaid rent which has not been withheld validly or deducted in accordance 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.
Landlords in Massachusetts must also pay tenants 5% interest on the security deposit per year, or the amount of interest paid by the bank (the bank must be in Massachusetts). Interest should be paid yearly, and within 30 days of the termination date.
If there's a dispute over a depositYour tenancy deposit protection ( TDP ) scheme offers a free dispute resolution service if you disagree with your landlord about how much deposit should be returned. You don't have to use the service but if you do, both you and the landlord have to agree to it.
If your landlord does not respond to your demand letter for the return of your security deposit, you can take her to court. You can ask the court for up to 3 times the amount of the deposit, plus interest. If your security deposit was $1,000, she may have to pay you $3,000, plus interest, plus your court fees.
What to Include in a Security Deposit Demand Letterthe address of your rental and the dates you rented from.how much you paid for a security deposit.why you are entitled to a return of a portion or all of the deposit.the state laws that require a return of the deposit in a timely manner.More items...
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.
