Liability for damages

I am renting currently as a tenant at will in Massachusetts,, and have been renting there for over 1 year. When we moved in, we paid a security deposit equal to 1 months rent. However, our landlord never notified us in writing of where our deposit is, and have never seen statements with interest. We have caused some minor damage to our kitchen floor, can our landlord still deduct from our security deposit? The landlord also never supplied us with a condition of premises list when we moved in to sign.

I am not an attorney but I do not believe the L needs to send you anything in writing concerning the whereabouts of your deposit unless you specifically request it.

You will be responsible for the damage to the
kitchen floor and the cost will/can be deducted from the security deposit. The L can also collect form you additional monies if the cost to repair the floor is greater than the deposit. I would suggest hiring someone to fix the floor in advance of vacating if you want it done reasonably.

Also, when you vacate, accompany the L during the inspection and have L identify all problem areas in writing, if any. Fix all problem areas and have L reinspect until the unit gets a clean bill of health in writing. If you don't do this, you are leaving it to the L's discression as to what amount of the deposit he keeps for repairs/cleaning.

The fact that you do not have a property condition report will make it difficult for you to defend any problems the L claims you caused which makes it all the important to follow these procedures before you vacate. You should have prepared the report and had the L sign off on it before you moved in.