Security Deposit Issue

[Tabayag]

My husband and I live in Massachusetts and moved out of our previous apartment June 30th. We completed a Move-Out Inspection with the property manager that detailed repairs necessary and was signed by both of us.

Today (July 30th) we received an Invoice for the damages via e-mail, that lists several repairs that were not listed on the move out inspection, and the realty company has taken our entire security deposit. (The invoice did not come with any documents such as estimates, bills or invoices to the realty company, just a bill straight to us. According to MA state law, we are supposed to be furnished with complete written evidence.)

If the damages were not listed on the Move Out Inspection, do we have to pay for them? And also shouldn't we get back our entire deposit since we were not given the correct documentation, as required by Massachusetts State Law?

The Law States:

(6) The lessor shall forfeit his right to retain any portion of the security deposit for any reason, or, in any action by a tenant to recover a security deposit, to counterclaim for any damage to the premises if he:

(a) fails to deposit such funds in an account as required by subsection (3);

(b) fails to furnish to the tenant within thirty days after the termination of the occupancy the itemized list of damages, if any, in compliance with the provisions of this section;

 

[Gail_in_Georgia]

It's important to remember that any final walk through by the tenants/management required by some states is not the "end all" in terms of finding damage that goes beyond normal wear and tear. Most states allow a very specific time period in which a landlord/management has to return the security deposit and/or notify the former tenant of the amount kept for damages. This will range (depending on the state) from 14 days to one month after the tenancy concludes. Some states only require that this information be provided "within a reasonable period of time".

You are correct that in your state, management has to provide you with information regarding your security deposit within 30 days of the termination of your tenancy.

http://www.lectlaw.com/files/lat07.htm

If you disagree with the amount kept, your option is to notify them (in writing so you have documentation) that you disagree with the amount kept and you list what you believe should be returned to you.

If the landlord/management does not respond or refuses to do this, your next step is to consider filing a lawsuit against them. Keep in mind that in court you will have to prove that you DIDN'T leave these damages while they will have to prove that you did. Hopefully you took pictures at move out to show the condition of the rental unit when you left.

Gail

 

[Tabayag]

Here is my final question: Now that 30 days have past, and I have only received and Invoice (which has mine and my husband's name on - it is strictly a BILL TO US.) Is that enough paperwork as required by the law? It states:


a reasonable amount necessary to repair any damage caused to the dwelling unit by the tenant or any person under the tenant's control or on the premises with the tenant's consent, reasonable wear and tear excluded. In the case of such damage, the lessor shall provide to the tenant within such thirty days an itemized list of damages, sworn to by the lessor or his agent under pains and penalties of perjury, itemizing in precise detail the nature of the damage and of the repairs necessary to correct such damage, and written evidence, such as estimates, bills, invoices or receipts, indicating the actual or estimated cost thereof. No amount shall be deducted from the security deposit for any damage to the dwelling unit which was listed in the separate written statement of the present condition of the premises which was required to be given to the tenant prior to the execution of the lease or creation of the tenancy pursuant to clause (c) of subsection (2) or any damages listed in any separate list submitted by the tenant and signed by the lessor or his agent pursuant to said clause (c), unless the lessor subsequently repaired or caused to be repaired said damage and can prove that the renewed damage was unrelated to the prior damage and was caused by the tenant or by any person under the tenant's control or on the premises with the tenant's consent. Nothing in this section shall limit the right of a landlord to recover from a tenant, who wilfully or maliciously destroys or damages the real or personal property of said landlord, to the forfeiture of a security deposit, when the cost of repairing or replacing such property exceeds the amount of such security deposit.

 

[Gail_in_Georgia]

Doesn't seem like it's enough for what your state requires.

Gail