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Small Claims Court for security deposit in Massachusetts?
I rented th apartment for 10.5 years. Landlord had security deposit and last month's rent. She has not returned the security deposit for the following reasons: painting the apartment, cleaning carpets, purchased new blinds for the windows (there were no blinds when I moved in). I have not been paid interest on the deposit or the last month's rent. I have a court date next week. Do you think I will get the money I am entitled to?
I purchased the blinds for all the windows and left them at the apartment because they were a strange size and wouldn't be useful in my new place. Massachusetts law requires interest to be paid on security deposits and last month's rent.
1 Answer
- Ranger4402Lv 71 decade agoFavorite Answer
YOu may get most of it back but don't expect to get all of it back.
The property owner/landlord can deduct a fee for cleaning the unit even if you cleaned it up spotless. Don't expect that fee back. After 10.5 years the carpets should be totally under the category of wear and tear. The same goes for the paint.
If you requested blinds when you lived there then it was up to the owner/landlord to discuss back then what that would cost you or your lease/rental agreement should state how that is handled. If no contract existed back then for you to pay for those blinds, then one cannot be made now.
In 10.5 years I would guess you rent went up at least once if not several times. Rent increases pay for things such as new blinds. In effect you paid for them with higher rent. So, you can't pay twice for something you paid for once. However, if you destroyed or damaged the blinds before you moved out and they were still within their useful life, then you can be charged for that. If you did not damage them, then you owe nothing except the cost to clean them (if any).
Unless the state or city you lived in requires interest to be paid on a security deposit/last months rent, then you don't get that during your tenancy term. But you can get interest on the time it was due to be refunded to you and the time it was paid.
Don't count on getting 100 percent of it but you should get most of it back.