Help me get my meager rental deposit back

January 5, 2008 12:05 AM

My old landlord has not returned my deposit after more than three months and several phone calls and emails. Help.

I left Somerville, MA at the beginning of October to relocate to Denver. I left the place in good repair, but left a few things in the apartment with knowledge and verbal approval of the landlord. The items were being left for the new tenant who expressed interest in them.

It's now three months later and I still have not received my deposit.

Details: I was on a month to month and never signed a lease. I paid the deposit via check. The deposit was just shy of $500. I've gotten her on the phone twice and she keeps promising to get it to me sans an hour of time for movers to remove the items I left (which sounds dodgy, but whatever).

I've lost my patience. What are my options?

posted by FlamingBore to work & money (15 comments total)

Are you still near Somerville? I know many tenants who said "I'll be by on this day to pick up my full deposit," and the deposit was sent immediately. The other thing you could do is see if any lawyers (like at Legal Aid or maybe your have friends) will write a polite but gently forceful letter reminding your landlord of her debt to you. That usually works.
posted by parmanparman at 1:12 AM on January 5, 2008

According to the Attorney General's Guide to Landlord/Tenant Rights (PDF) for Massachusetts, the landlord is required to give you back your deposit (plus interest) within 30 days of termination of tenancy. I'd make my landlord aware of this. If that doesn't help, I'd suggest contacting the MA Attorney General's office (contact information at the end of that linked document) and filing a complaint.
posted by Brak at 1:57 AM on January 5, 2008

I had a similar problem with a landlord in MA. Worse, the person wanted to charge more things that were not my responsibility and the person told me this by letter 6 weeks later.

At the time I was a grad student and entitled to free advice by a lawyer. Based on the lawyer's suggestions, I wrote a letter statitng the following:

Dear Blah blah, I moved out as of XX/XX/XXXX. AS you are aware, by law, the tenant is entitled to the deposit within 30 months of termination. Further, if this proceeds to court, I can ask for up to 3 times the original amount.

IF I do not receive my entire deposit by (insert a date, one week later), I will be forced to take legal actionl

I sent it by registered mail, and the landlord sent the entire some within the week.

I don't remember the exact wording (any lawyers out there? help!), but I do remember the 30 days, 3 X the amount, and I was told to give a specific date. I was also told to save a copy of the letter I sent. The lawyer advised me that the goal was to get the money back, not go to court -- the letter served the purpose.

I was in Amherst, MA, so I think the same laws applied.

Now that I think about it - if you are out of state right now - you may want to use the address of a friend in MA. Don't let your landlord think you may not follow through.

Good luck.
posted by Wolfster at 5:07 AM on January 5, 2008

I had a situation with a difficult landlord in MA. After a careful reading of the document Brak linked and some related websites, I sent a very strongly-worded letter that cited the specific MA laws requiring the return of my deposit. You should carefully read the document and the relevant statutes, because there are in fact many things for which landlords are not allowed to withhold money (moving might be one, but for example, if you leave the apartment in a less-than-pristine condition, landlords may not withhold money from a deposit to fix "normal wear and tear", put on a new coat of paint, etc). This sounds like what Wolfster did.

If they don't respond, you make an official demand letter, after which time you can take them to small claims court... which for $500 may be more trouble than it's worth, if you're in CA.
posted by rxrfrx at 5:36 AM on January 5, 2008

Yeah, a letter citing the relevant laws and mentioning you've been in contact with a lawyer is the way to go. Be sure to carefully document all contact, and, like Wolfster said, to send any correspondence via registered mail. Can you contact the current renter and see if the items you left were in fact moved? Might be worth a quick phone call or letter to them, too.
posted by mediareport at 6:20 AM on January 5, 2008

I'm in Somerville every month or so. If I can help by stopping by someone's office, I'd be happy to.
posted by jessamyn at 8:32 AM on January 5, 2008

It looks like Mass is very similar to California. In the relevant Massachusetts Law, you'll want to read sec. 6. The landlord forfeits their right to any portion of the deposit if they don't return it within 30 days of vacating the premises.
posted by rhizome at 9:24 AM on January 5, 2008

Very nice offer, Jess. I'd recommend you take her up on it. Write the letter as suggested above, request full payment. No moving charges, since you left things with permission. Explain that if you do not receive a cashier's check promptly, you will have an business associate visit to pick up a check. There's no excuse for this sort of bullshit. (IAALandlord)
posted by theora55 at 9:25 AM on January 5, 2008

They can't deduct moving charges anyway, because the landlord has waited too long to return the deposit.

Seriously, this is a slam dunk in small claims. Go for the triple damages if available, as well. Also, if the poster reads the law I linked to above, they will see that the landlord forfeits their right to any part of the deposit if they don't put the money in an interest-bearing account (which the tenant has the right to the proceeds).
posted by rhizome at 9:29 AM on January 5, 2008

From Mass Tenant's Handbook

IF THE LANDLORD FAILS . . .

to pay interest on last month's rent within 30 days termination of
tenancy;

to deposit the security deposit in a bank account;

to return the security deposit (or balance after lawful deductions)
with accrued interest within 30 days after termination of tenancy; or

to transfer the security deposit or last month's rent to the new
landlord

. . . YOU ARE ENTITLED TO TRIPLE DAMAGES, PLUS COURT COSTS AND REASONABLE ATTORNEY FEES.

IF THE LANDLORD . . .

fails to furnish you with an itemized list of damages within 30 days
after termination of tenancy if deductions are made for damages;

fails to make the security deposit records available for inspection
during office hours; or

fails to provide, within 30 days of receipt of the deposit, another
(see p. 6) receipt with name and location of bank and amount and account
# of deposit;

uses a lease which contains provisions conflicting with the security
deposit law and attempts to enforce these provisions or attempts to get
you to sign a waiver of rights

. . . YOU ARE ENTITLED TO THE IMMEDIATE RETURN OF YOUR SECURITY DEPOSIT. THE LANDLORD CANNOT KEEP YOUR SECURITY DEPOSIT FOR ANY REASON, INCLUDING MAKING DEDUCTIONS FOR DAMAGE.

posted by rhizome at 9:35 AM on January 5, 2008

Thanks to all. I'd Googled many times but there's *so much* out there that it's hard to find the actual statutes and not just random people quoting them.

I'll be drafting that letter today to get posted on Monday.

Jessamyn, thank you! I'm actually going to be in the area at the end of this month so I'll swing by if I don't have it by then.
posted by FlamingBore at 10:43 AM on January 5, 2008

Write a certified letter saying that they are over 30 days and you are filing a small court claim for 3X the amount bla bla bla as outlined above. Dont give them another date to pay you by, just wait a few days and I bet the $$ will show up. If not litigate!!
posted by outsider at 9:38 PM on January 5, 2008

You're already entitled to triple damages since she failed to meet the deadline. They're yours for the taking.
posted by electroboy at 4:14 PM on January 6, 2008

I've drafted the letter and I'll pop it in the mail tomorrow.

But, unless I'm misunderstanding the law - I'd still have to take her to court to get the 3x amount - yes? I can't just demand 3x my deposit, right?
posted by FlamingBore at 4:17 PM on January 6, 2008

Yes, you would have to take her to court, unless she's willing to pony up because you threaten the lawsuit, which is unlikely.
posted by electroboy at 6:53 PM on January 6, 2008