Legal Question in Real Estate Law in Massachusetts

Security Deposit Issue

I vacated my aparment on 11/30/01. After speaking with the landlord he states that deductions will be made from the security deposit due to a stain on the carpet and small burn to the kitchen floor. He also states that I may end up paying him money. However, I lived in the apartment for three years. When I first moved in I had signed a lease for a one year period. After this one year period was over the landlord never requested I sign another lease. For the next two years I just paid my monthly rent to the landlord. Does the landlord now have the right to hold my security deposit or was he actually supposed to return the security deposit when the original lease was up over two years ago?


Asked on 12/18/01, 1:48 pm

1 Answer from Attorneys

Alan Pransky Law Office of Alan J. Pransky

Re: Security Deposit Issue

The landlord is allowed to hold the security deposit until the tenant vacates. If the deposit is held for more than a year, the landlord must pay interest on the deposit. There are many technical requirements that the landlord must take to be able to withhold the deposit. You should wait until December 30, 2001 to see if the landlord takes the proper steps.

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Answered on 12/19/01, 8:12 pm


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