Security Deposit

[shendubeck]

Hello All,
I lived in a condo apartment for 1.5 years and after moving out my landlady refuses to give back my security deposit of $1000.She claims that the tiles below the faucet in the bathtub have been damaged and the bathtub had a leak for which I did not notify her and that has damaged the property.That area was already in a bad condition when I had moved in.I did call her when i moved in to inform that the faucet moves from the base and she told that is the way it is and never repaired it.Also for the bathtub leak I had informed her that the people living in the unit below us are complaining of leakages.All this communication with her was over the phone and I don;t have any written statement for that.She has also charged me for carpet cleaning which already had stains when I moved in.
When I was living in the unit,the glass surface of the electric stove started cracking up and she got the entire stove replaced and has charged 50% of the stove cost from my security deposit.When i moved in the stove had scratches on the surface and the oven within was totally burnt out and was black.I suspect the stove was very old.She has put this unit on sale and has used my security deposit to renovate the unit.Also she has not maintained the security deposit in a seperate bank account and has never given me the annual interest on it. Within 30 days of vacating she has sent an itemized bill for all the damages.She does not pick up my call and does not respond back to my email.Unfortunately I don't have the pictures of the unit when i moved in and she has sent the pictures for the damage.
Can anyone please guide me on how to get my security deposit back?

Thanks,
James

 

[army judge]

Hello All,
I lived in a condo apartment for 1.5 years and after moving out my landlady refuses to give back my security deposit of $1000.She claims that the tiles below the faucet in the bathtub have been damaged and the bathtub had a leak for which I did not notify her and that has damaged the property.That area was already in a bad condition when I had moved in.I did call her when i moved in to inform that the faucet moves from the base and she told that is the way it is and never repaired it.Also for the bathtub leak I had informed her that the people living in the unit below us are complaining of leakages.All this communication with her was over the phone and I don;t have any written statement for that.She has also charged me for carpet cleaning which already had stains when I moved in.
When I was living in the unit,the glass surface of the electric stove started cracking up and she got the entire stove replaced and has charged 50% of the stove cost from my security deposit.When i moved in the stove had scratches on the surface and the oven within was totally burnt out and was black.I suspect the stove was very old.She has put this unit on sale and has used my security deposit to renovate the unit.Also she has not maintained the security deposit in a seperate bank account and has never given me the annual interest on it. Within 30 days of vacating she has sent an itemized bill for all the damages.She does not pick up my call and does not respond back to my email.Unfortunately I don't have the pictures of the unit when i moved in and she has sent the pictures for the damage.
Can anyone please guide me on how to get my security deposit back?

Thanks,
James

Bring a lawsuit against her in small claims court.
It'll cost you a few bucks to start the lawsuit, but if things are as you describe, you have a good chance at beating her in court.

Here is MA law on security deposits.

http://www.mass.gov/legis/laws/mgl/186-15b.htm

The good news, in your case, is that you COULD get TREBLE damages because she has withheld and played with returning YOUR security deposit!

IN MASSACHUSETTS, THE LANDLORD IS REQUIRED TO PAY INTEREST ON BOTH LAST MONTH'S RENT AND SECURITY DEPOSITS.

Payment of Interest: Interest is payable to you each year on the anniversary date of your tenancy. On each anniversary date, the landlord must give or send you a statement indicating the amount of interest owed you for your security deposit and/or last month's rent. At the same time the landlord must give or send the interest due or a notice that you may deduct the interest from the next rental payment. If within 30 days of the anniversary date you do not receive the interest or the notice to deduct, you may deduct the interest from your next rental payment. You do not have to live in your apartment for more than 12 months to be eligible for accrued interest on last month's rent. If your tenancy terminates before the anniversary date, you are entitled to all interest accrued on last month's rent. (Interest does not accrue for that month for which the last month's rent is used.) However, the security deposit must be held for a year or more starting from the commencement of tenancy to make you eligible for 5% interest or other such lesser amount of interest as has been received from the bank in which the deposit has been held on your security deposit. Interest on both last month's rent and security deposit must be paid within 30 days of the date of termination.

The payment of interest on security deposits and last month's rent has been required by law since January 1, 1972, and April 1,1984, respectively.

Important! The law requires a landlord to hold a security deposit in a separate, interest-bearing account in a Massachusetts bank. (The landlord does not have to maintain a separate account for each deposit.) So within 30 days after receipt of the security deposit, the landlord must give you a receipt identifying the bank's name and address, the account number, and the amount of the deposit. If the landlord fails to comply, you are entitled to immediate return of your security deposit.

Statement of Condition: If a landlord or agent takes a security deposit, (s)he must give you a signed, separate written statement of the present condition of the premises. You must be given this statement when the landlord/agent receives the deposit or within 10 days after tenancy begins, whichever is later. The statement must contain a comprehensive list of existing damage including any certified violation of the State Sanitary Code or building code and a list of damages adjudicated by a court. If you do not agree with the contents of the statement, you must return a corrected copy to the landlord within 15 days after you receive the list or 15 days after you move in, whichever is later. If you do not return this list, a court may later view your failure to return the list as your agreement that the list is complete and correct in any suit that you may bring to recover your security deposit. If you do not submit a separate or corrected list of damages, the landlord must return it within 15 days of receipt with a clear written response of agreement or disagreement. This signed statement and the original condition statement are the basis upon which future deductions for damage will be made. If the landlord does not give you a Statement of Condition, you should write your own and send a copy to the landlord or agent.

Damage Deduction from Security Deposits: The landlord must return the security deposit within 30 days after the termination of tenancy. However, the landlord can deduct only for the following:

* any unpaid rent which has not been withheld validly or deducted under the law;
* any unpaid increase in real estate taxes which the tenant was obligated to pay under a valid tax escalator clause;
* a reasonable amount necessary to repair any damage caused by the tenant, any person under his/her control or any person on the premises with his/her consent. Pet damage can also be deducted. The tenant does not have to pay for reasonable wear and tear associated with normal use. However, the tenant is responsible for maintaining the apartment in a clean and sanitary condition ---free of garbage and rubbish.

If the premises are damaged, the landlord must provide the following within 30 days after the tenancy ends:

* a detailed list of damages listing their nature and extent, and the repairs required to remedy them. This list must be sworn to by the landlord or his agent under the pains and penalties of perjury;
* written evidence such as estimates, bills, invoices or receipts, indicating the actual or estimated cost of these repairs.

The landlord cannot deduct for repairs for any damage listed in the Statement of Condition or acknowledged amendments, unless the landlord can prove that s/he repaired the original damage after notification, and that new damage was caused by the tenant. The landlord must return the balance of the security deposit (if any), after all proper deductions have been made.

IF THE LANDLORD FAILS . . .

* to pay interest on last month's rent within 30 days termination of tenancy;
* to deposit the security deposit in a bank account;
* to return the security deposit (or balance after lawful deductions) with accrued interest within 30 days after termination of tenancy; or
* to transfer the security deposit or last month's rent to the new landlord

. . . YOU ARE ENTITLED TO TRIPLE DAMAGES, PLUS COURT COSTS AND REASONABLE ATTORNEY FEES.