Legal problem - Landlord Forum thread

Legal problem by Anonymous (MA) on November 1, 2009 @00:32

Can the tenant who rent my apartment demands that I will use his security deposit instead of last months rent? I offered him to do this but now I regret since I have no guarantee, later for any damage might caused by him.
He also told me that he will sue me since I did not give him a receipt, only wrote the bank's name and not the full address. What should I do ? please advice thanks !

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Re: Legal problem by RestlessKnight (NJ) on November 1, 2009 @01:14	[ Reply ]
Keep your word first, learn second.

Re: Legal problem by Lighthope on November 1, 2009 @01:39

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> Can the tenant who rent my apartment demands that I will
> use his security deposit instead of last months rent

No.

> He also told me that he will sue me since I did not give
> him a receipt, only wrote the bank's name and not the full
> address.

Sue you for what?

Tell him to go pound sand and pay his rent for the last month otherwise you will file for eviction, which his next landlord will learn about and toss him out for.

Be tough. The law (if not the courts) is on your side.

Lighthope

Pearls of Wisdom - "Don't cry for me Argentina, for I am ordinary, unimportant. And am not worthy of such attention, unless we all are. I think we all are." - Don't Cry for Me, Argentina (Evita)

Re: Legal problem by Paul (IL) on November 1, 2009 @07:44

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A tenant can demand NOTHING from a landlord. The landlord is the one who dictates policy to the tenant. As the previous poster said, be tough!!

NEVER allow a tenant to use security as last months rent, especially if you dont trust the tenant. If this tenant is threatening to sue you over something completely rediculous, Id find the first thing possible to "ding" him on and give him his eviction notice. Giving a receipt is not something he can sue you for!!!

Re: Legal problem by NH & MA LL on November 1, 2009 @07:48	[ Reply ]
I can tell you that if you did not comply with the security deposit law to a tee the tenant can sue you for triple damages and attorneys' fees under c. 93A. If the deposit was not escrowed separately and accounted for properly with interest paid to the tenant each year, you have a problem. Tenants know this and use it to their advantage in MA which is a very pro-tenant state.

Re: Legal problem by ESQ on November 1, 2009 @07:53

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I am an attorney in MA. The state is very unfair to LLs. Security deposits must be escrowed separately and interest paid to the tenant each year. Tenants have all the rights in MA when it comes to security deposits. LLs leave themselves wide open if they do not handle the deposits exactly according to the law.

If you have not handled the security deposit exactly according to the law, get counsel immediately. This tenant sounds like a PITA.

Re: Legal problem by MassLL (MA) on November 1, 2009 @08:38

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Google: M.G.L. - Chapter 186, Section 15b

That is the security deposit law. And the tenant is right, you have violated the awl by not giving him the full address of the bank and other information. If you give him all the information required by law now, if you end up in court, the judge may by lenient with you for at least complying wiht the law as soon as you knew about it. If you don't comply with the law now, a judge will most probably hit you with the full three months penalty.

Now that you know where to find LL/tenant laws on the web, read them, learn them, abide by them. Aslo google: abcd landlord tenant. That;s a group alled Bosotn ABCD which has a very good explanation of the law.

If you have a written lease with the tenant, you have to abide by it until it runs out (e.g. have to keep your agreement that he can use sec. deposit for last months rent.). If you don't have a written lease, you can give him 30 days wirtten notice that he has to pay you last months rent or move out.

Either way, the tenant clearly knows the law better than you and you should terminate his enacy as soon as you legally can. But first - learn Massachusetts Lanlord tenant law - and your local city/town law.