What is the name of your state? MA
I recently moved out of a large apartment complex. The landlord told me they were withholding over $800 of my security deposit to repair a damaged carpet. The carpet had some faint spots and worn areas, but they were already there when I moved in. The problem is, I never brought this up when I moved in. I don't feel I should be paying to replace a carpet that was damaged prior to me moving in, but I know it's my fault for not bringing this up when I moved in...
I am wondering if I can demand my full security deposit back based on MA state law requiring the landlord to return my security deposit or to provide receipts/estimates within 30 days of lease end, or else they forfeit the right to keep any portion of the security deposit. MA law also states that if the landlord does not refund the security deposit or provide estimates/receipts within 30 days, they are required to pay the tenant 3x the security deposit plus legal costs. The landlord mailed me the balance of my security deposit, postmarked 31 days after lease end. According to the law, I am required to get my full deposit back since the landlord didn't refund any of my security deposit or provide receipts within 30 days, right? ...but I'm not sure if the court would consider one day late enough to award me my full security deposit.
Is it worth going to court based on the fact that my landlord sent my refund check one day later than required by law? Also, if I do threaten to take my landlord to court over this, can I cash the partial refund check that was sent to me, or should I return the check to the landlord and demand full payment? I'm afraid that if I cash the partial refund I might give up my right to demand a full refund.. Thanks for any advice!!What is the name of your state?
I recently moved out of a large apartment complex. The landlord told me they were withholding over $800 of my security deposit to repair a damaged carpet. The carpet had some faint spots and worn areas, but they were already there when I moved in. The problem is, I never brought this up when I moved in. I don't feel I should be paying to replace a carpet that was damaged prior to me moving in, but I know it's my fault for not bringing this up when I moved in...
I am wondering if I can demand my full security deposit back based on MA state law requiring the landlord to return my security deposit or to provide receipts/estimates within 30 days of lease end, or else they forfeit the right to keep any portion of the security deposit. MA law also states that if the landlord does not refund the security deposit or provide estimates/receipts within 30 days, they are required to pay the tenant 3x the security deposit plus legal costs. The landlord mailed me the balance of my security deposit, postmarked 31 days after lease end. According to the law, I am required to get my full deposit back since the landlord didn't refund any of my security deposit or provide receipts within 30 days, right? ...but I'm not sure if the court would consider one day late enough to award me my full security deposit.
Is it worth going to court based on the fact that my landlord sent my refund check one day later than required by law? Also, if I do threaten to take my landlord to court over this, can I cash the partial refund check that was sent to me, or should I return the check to the landlord and demand full payment? I'm afraid that if I cash the partial refund I might give up my right to demand a full refund.. Thanks for any advice!!What is the name of your state?