Security Deposit - Landlord Forum thread

Security Deposit by Becky (Massachusetts) on June 19, 2012 @17:08

I have a tenant who is leaving and moving out of state wants his security deposit (SD) before he leaves. Wants to do walk through with me. Told him I do walk through after leave and will forward SD just leave address so I can send. He didn't want to do, tried to say has been very cooperative with showings, etc. Is leaving Friday morning early wants to do on Thursday, explained that have a conflict on Thursday night unable to do as well as I do walk throughs when tenant leaves, still not taking no for an answer, wants to do Friday morning...however I do have a full time job and law states I have 30 days from end of tenancy to get security deposit to tenant. Tenant called this morning left a voice mail, just called again annoyed that call not returned...I have a job that I cannot call during day to deal with issues that I know are not emergency oriented. Tenant stated that he knew we were not going to do walk through before he left, and that the picture of his bed and bureau (nothing was disclosed) on Craigslist was illegal and would hire a lawyer to sue and then left address. Any suggestions? I dont want to do walk through and then have him trash place after giving the security deposit.

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Re: Security Deposit by The Dude (MN) on June 19, 2012 @17:13	[ Reply ]

You have absolutely no legal obligation to give him his security deposit back before he leaves for that very reason. How he doesn't get this fact is beyond me. Are you saying you took pictures of the place with his stuff in it and posted it? I'm confused about that part...

Re: Security Deposit

Re: Security Deposit by Anonymous on June 19, 2012 @19:30	[ Reply ]

I think his threat is empty. He is just trying to use it so you would give his SD back before he leaves thinking you will cave be all "OMG, please don't sue me! How about I give you the SD back, no questions asked even if you fill the place with a families of rabid raccoons and poop and we call it even?" He is moving out of state. Is he going to hire an attorney, pays the attorney fees plus the travel fees to go back and forth to court? For a picture of a bed and dresser that he knew of? And to boot he only has an objection to the bed and dresser and not his living room furniture? I am assuming you told him you were gonna come over and take pictures of that apartment and arranged a time for that to happen, so he would have been there and seen it happen. Also, I think he is confusing his "law" facts because I think you only have to have permission to post a picture of a person if the picture was taken in a private home. I don't think it extends to inanimate objects. I could be wrong.

Re: Security Deposit by NY-LL on June 19, 2012 @19:50	[ Reply ]

The landlord should have photographs of the premises prior to move-in, when the premises were vacant and the dimensions of the rooms are unobstructed by furniture. The photographs are the landlord’s memorial of the premises prior to move-in and are evidence in case of legal action. The purpose of photographs with the tenant’s property are not clear, although not illegal. If tenant continues to takes issues with the rental security deposit regulations, advise tenant to contact the State Attorney General about the laws. In the meantime, send the tenant a copy of Massachusetts State law: Massachusetts Laws Governing the Security Deposit http://www.mass.gov/ago/docs/consumer/landlordtenant073007.pdf All security deposits must be deposited in a Massachusetts bank, in an account that collects interest, and within the first month of the tenancy. The landlord must provide the tenant with the name and address of the bank holding the security deposit, plus the actual account number. Each year, the landlord must either pay the tenant the interest on the security deposit or let the tenant deduct that amount from a rent payment. The landlord should give the tenant a “statement of condition” within 10 days of receipt of the security deposit, which describes the condition of the apartment and any damage that exists at that time. The tenant has 15 days to add to the “statement of condition” or make changes to it. Both parties should keep copies of the final “statement of condition.” M.G.L. c. 186, § 15B. When the tenancy ends, the landlord must return the security deposit, plus interest, within 30 days. However, the landlord may keep any unpaid rent or the amount of money needed to repair damage done to the apartment (beyond normal wear and tear). If the lease provides for it, the landlord may also deduct the tenant’s share of any increase in the landlord’s property taxes. If the landlord must keep all or a part of the security deposit for damages, then the landlord must give the tenant a written description of the damage and an estimate of the repair cost within 30 days from the time the tenant moves out. http://www.mass.gov/ago/docs/consumer/landlordtenant073007.pdf