Legal Question in Landlord & Tenant Law in Massachusetts

My old landlord is trying to charge for dishwasher that was not working properly when we moved in and was so old it should have been replaced prior to move in. We asked to see receipt of original unit to see price in age. She claims she does not have and will only show us new price and wants us to pay it. FYI all other appliances are being replaced due to age. Also she will only give us account number and documents from her office in regards to security deposit. I asked for something from bank to see it was deposited and interest rate. She will not give me anything from bank. is this legal. They also illegally reported us as being delinquent on our account. We were not. I disputed with Transunion and it was immediately removed.

Asked on 7/11/16, 10:27 am

1 Answer from Attorneys

She is required by law to give you the name of the bank where it is deposited. Also, if you informed her on moving in that the dishwasher was not working, she cannot charge you for it. Hopefully you did that in writing. The fact that all of the appliances are being replaced indicates that the dishwasher is no longer working due to normal wear and tear. She has to prove its failure to work is the result of tenant abuse by you. If she wants to charge the dishwasher against your security deposit she must notify you in writing and you must object to her in writing in a timely manner. If she still wants to keep the money over your objection she is supposed to take you to court. If she does not return the security deposit to you, file a complaint in the housing court and seek the money plus any damages you are entitled to as a result thereof.

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Answered on 7/11/16, 10:41 am

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