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Should a landlord return full deposit to avoid potential suit?

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littleJoe

Registered User
What is the name of your state? MA

A tenant left some large items in the rental house when the tenant moved out, so the landlord took some pictures and deducted $500 from its deposit for the cost of removing these items, returned the rest of the deposit $2500 already.
The landlord had concerns as he didn't completely follow the rules to handle the deposit such as informing the tenant about the account# and interests etc. after receiving the original deposit.

The tenant repeatedly requests for a full return of the deposit and threaten to sue. So what should the landlord do, should the landlord return this $500 in order to avoid potential loss in the court, or the landlord should keep this deposit as this is a valid deduction?

Thank you for your advice in advance.

L.J.
 
Last edited:


adjusterjack

Senior Member
If the landlord didn't follow the statute to the letter then it isn't a valid deduction and he will lose any lawsuit filed against him and the wronged tenant will be entitled to triple damages.

See Paragraph 7.

Massachusetts General Laws Chapter 186, Section 15b (2022) - Entrance of Premises Prior to Termination of Lease; Payments; Receipts; Interest; Records; Security Deposits :: 2022 Massachusetts General Laws :: US Codes and Statutes :: US Law :: Justia

I suggest he give the tenant the $500 and hope that's the end of it.

Then he can study the statute carefully and get it right for the next tenant.
 

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