Tenants and Landlords should all be aware of the obligations of landlords with regard to Security Deposits which they are holding. This notice is not intended to be a full description of those obligations, which are quite detailed, but is for the purpose of informing landlords and tenants of a recent case that was brought against a landlord for failing to return a security deposit and which was upheld by the Massachusetts Appeals Court.
In 2005 a landlord and tenant entered into a rental agreement which required the tenant to give the landlord a security deposit in the amount of $3,500.00. The tenant vacated the apartment in August of 2007. The landlord refused to reimburse the tenant for his security deposit claiming that the tenant owed money for water bills, septic systems and other miscellaneous charges.
The tenant sued the landlord for refusing to reimburse the security deposit and the Court ruled in favor of the tenant concluding that the landlord's claims for damage were not valid.
As a result the Court awarded the tenant a total of $30,092.00 which the landlord was ordered to pay. This amount consisted of the actual amount due of $3,500.00 plus triple damages, interest and attorney's fees.
So the landlord was ordered to pay more than $30,000.00 for failing to return a $3,500.00 security deposit. This lesson should be taken very seriously by landlords who are holding security deposits and by tenants who have not received a refund of their security deposit and believe that the failure of the landlord to return the security deposit was not justified.
The law firm of Alford & Bertrand, LLC has represented both tenants and landlords for more than 30 years. Among our clients are major municipal housing agencies, private owners and tenants. If you have any questions or issues regarding rent, security deposits, payment of last months rent, leases or other related matters please do not hesitate to call us for a free initial consultation. We look forward to helping our clients whether as a landlord or a tenant avoid the penalties that can be imposed by law for violation of the security deposit laws.
