Legal Question in Real Estate Law in Massachusetts
MA rental property. My tenant refused to leave at the end of her lease on June 30, even after giving her proper and timely notification that I was not renewing her lease. She did pay me for the month of July, which I endorsed "for use and occupancy". She didn't totally move out until August 4th. Her July check was returned "Item Unpaid" and has never been collected. I am properly holding a security deposit of $2,600 (put into escrow and properly documented to tenant", but damages exceed $4,000. I can document the damages and keep her security deposit. My questions are:
1. Can I collect for damages above the security deposit?
2. Does the bounced or stop-payment check equal larceny by check and in any case, what can I do about recovering this?
3. Am I entitled to a full month of rent for the month of August?
4. Tenant is currently house-sitting for a friend in the area, but may be moving out of state. How does that effect my ability to collect?
Thank you. - Ed
2 Answers from Attorneys
Simply speaking if you gave notice to vacate to the tenant, you should file an action.
Retain an attorney to :
1) collect for amounts due in addition to the security deposit;
2) advise that bounced check is probably not grounds for a criminal complaint for larceny by check because goods or services were not obtained in consideration for it being good. Rather, it was tendered as a payment on account.
3) advise that you are likely entitled to a full month's "use and occupancy" unless you were able to rent the premises before September first.
4) advise that you had best make service of a small claims action on the former tenant before they depart the jurisdition for what will likely be "parts unknown".
Good Luck!
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