Legal Question in Landlord & Tenant Law in Massachusetts

We moved out of our apartment on June 2, 2013. On July 11, we received a statement of damages from our former landlord for approximately $1500. The letter was dated June 18 and the red postage meter stamp read June 18, 2013 as well, however, the date that the post office in Boston stamped the letter was July 10, 2013 and again, we received it the following day.

We feel that the July 10 date is the correct mailing date based on the US Post Office stamp (and that the letter had been sitting on someone�s desk for weeks). If that is the case are we still responsible for the $1500 or do we have legal right to refuse to pay the $1500 in charges? The legal counsel for the management company says because the letter is dated June 16 that we are still legally responsible for the fees.


Asked on 7/27/13, 11:04 am

1 Answer from Attorneys

You have the right to challenge the notice as provided is not in compliance with the law. Moreover, you have a right to challenge the claim for damages if not stated under penalty of perjury. You have the right to not only dispute the timing of the notice but to demand proof of damages: including cost estimates et cetera. This does not mean that the court will agree with you. However, the court will be influenced by the type and nature of the damages.

The court will look to see if the claim could be considered normal wear and tear or if there is serious damage. This a case where the Court can go either way.

When you moved out did you do a final inspection with the landlord?

When you moved in was there an inspection of the property noting any stains on carpet et cetera?

Do not waive your objection to the Notice and put your objection in writing to the landlord.

If you have a security deposit, the landlord can assert his claim but unless you agree he is required to go to court to keep it. However, the Landlord can seek any damages beyond the security deposit.

Good luck

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Answered on 7/27/13, 11:48 am


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