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Landlord deducted $1000 from Deposit. and LMR for a mattress removal

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Danza

New member
What is the name of your state? MA (in Boston)

Our landlord held our deposit+last mo. Rent for 45 days (total $2695). We received the check today for about $1000 less (sec. Deposit was $700). He deducted that much from last months rent to remove/dispose of a mattress we had left behind and he said not to worry, he'd take care of it (now I know why). A) this amount is clearly unreasonable?! b) is he legally allowed to use last months rent for something like waste removal? c) what is the best next move?
 


adjusterjack

Senior Member
A) this amount is clearly unreasonable?!
Just to remove the mattress? Yes, probably unreasonable. Call around to haul away places on Craigslist and find out what it would cost to remove and dispose of a mattress.

b) is he legally allowed to use last months rent for something like waste removal?
Yes. It's something you should have done. And since he incurred costs to do it, you pay for it.

c) what is the best next move?
Sue him in small claims court and prove to the judge that he wrongly kept your money.

Read the MA Security Deposit law:

https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter186/Section15B
 

Mass_Shyster

Senior Member
Find a tenants rights attorney. Most offer a free consultation. If the landlord is found to be in the wrong , he gets to pay for your attorney.
 
A) You can ask the landlord for a breakdown of the deductions. B) I read an article that says anything that costs the landlord time and/or money to dispose of will be a deduction," says Jay Heydt, a senior managing director at Citi Habitats, have it cross checked with an attorney C) If you still find it to be unreasonable then you can take him to the court.
 

Danza

New member
Thank you. I was thinking something along these lines as well. Just wanted to sense before I made any moves that could hurt my overall position.

Just to remove the mattress? Yes, probably unreasonable. Call around to haul away places on Craigslist and find out what it would cost to remove and dispose of a mattress.



Yes. It's something you should have done. And since he incurred costs to do it, you pay for it.



Sue him in small claims court and prove to the judge that he wrongly kept your money.

Read the MA Security Deposit law:

https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter186/Section15B
 

FarmerJ

Senior Member
If you were in the city itself , does the city of Boston have city wide trash collection organized by the city or done by the city and if they do then if your city sanitation dept did /does pick up mattresses / box springs it may be worth it to learn if they have a record of picking one up from that homes address.
 

Mass_Shyster

Senior Member
Had to terminate lease before end of contract. Finding a replacement was difficult so we kept paying rent unsure of when the last month would be exactly.
When did you move and return the keys? When was lease originally due to expire? When did new tenants move in? Was your "last month's rent" used for your last month of occupancy? When did you notify landlord that you were leaving?

There are a lot of issues to be addressed, which is why I suggest contacting a tenant's rights attorney. Most of the landlord attorneys I know recommend against taking a security deposit because it's virtually impossible for a small landlord to comply with the requirements, and exposes the landlord to triple damages. I know one who says he can ALWAYS find a breach of the warranty of habitability, exposing landlord to another three months rent in damages (plus attorney fees)
 

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