Walkthrough and Security Deposit, Massachusetts

Walkthrough and Security Deposit, Massachusetts by dlymperis on July 10, 2020 @14:10

I am a landlord in an owner-occupied duplex. I gave my tenant a lease nonrenewal notice in April. Her lease expires August 31, so I told her she must vacate no later than that date. She did not pay her July rent, so I sent her the required "COVID hardship papers" to fill out to show she has a COVID-related financial hardship, but have not received the papers or a payment. She has until July 31 to send these papers or a payment. MA has an eviction moratorium, which expires August 18. The state legislature is considering passing a "rent cancellation" law that would go into effect that very day.

I just received a letter from her by certified mail, saying she will be out no later than July 31. On that day, she wants to do a walkthrough with me, and will return the keys at that time.

I am not required by MA law to do a walkthrough with her, and so I refuse to do one. Were I to do one, I know she will demand the security deposit back from me, which I intend to use to cover July's rent. The other issue is that she is basically holding me hostage over the keys.

I do not intend to reply to her letter. The question is, given that MA is under an eviction moratorium, can I lock the storm doors (so she can't use the keys to open the inside doors) and change the garage door codes right after she leaves to keep her out so I can change the lock cylinders, or do I have to wait until August 1 to do that?

I informed my lawyer about this situation.

Thank you.

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Re: Walkthrough and Security Deposit, Massachusetts by Garry on July 10, 2020 @21:39	[ Reply ]

You're making this whole situation a lot harder than it needs to be. Quit being so stubborn. If she wants you to do a walkthru with her, DO IT! Have her invite you inside her apartment, and once inside, immediately ask for the keys back. If she doesn't give them to you, tell her you cannot do the walkthru unless she hands you the keys. No keys----just walk back out the door. And, no, you cannot "lock her out" if she does not give you keys, That's called a "constructive eviction", and is probably illegal to do. If she gives them to you, DO THE WALKTHRU ! You don't have to commit to anything during the walkthru, but at least you have possession back at that time. The walkthru gives you a chance to ask her questions about items still there, or damages she left you. Once she leaves, and you have her keys, then you can change keys and codes anytime you want. But try to get a forwarding address as to where you can send her the deposit statement.

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