Re: Walkthrough and Security Deposit, Massachusetts

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

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.

[ Reply ] [ Return to forum ]

Re: Walkthrough and Security Deposit, Massachusetts by Denise on July 10, 2020 @23:28	[ Reply ]

Hi Garry. My concern is that she will demand the SD back, and I don't want to get into a discussion about how she didn't pay July's rent. I will just tell her I'm not committing to anything if she does that. I thought I could just change the locks on August 1, since she technically broke the lease by not paying her July rent and moving out one month before the end of the lease. I can't understand how she would still have possession at that point, unless it's because she still has the keys. I have read differing opinions on this.

Re: Walkthrough and Security Deposit, Massachusetts by Garry on July 11, 2020 @07:25	[ Reply ]

Giving keys to another party is the universal LL/T language for giving possession of a property from one person, to another. That's the easy way of getting possession, but not the only way. The hardest way is by doing a full blown physical eviction, which takes time going thru courts, and Sheriffs depts. There is a way you can get possession inbetween those two. That is, you give a 24 hr notice at some point in time, you go in with a witness, and discover her personal things are all, or "mostly" gone. Is the refrig, and kitchen cupboards "mostly" gone of food? Is clothing and toiletries all or "mostly' gone from closets and bathrooms? Is all the furniture gone? You and your witness will have to determine if she has abandoned the stuff, or will still come back for the items. If not much is left, take pics of everything, post another 24 hr notice on her door that things will be removed, if they are still there when you go in again. The next time you go in, bag up any "garbage" and dispose of it. All "good/decent items should be stored for a week to see if she comes back to get them. You can "store" them by putting everything in a corner of the living room for that week, while you work on getting the rest of the place ready to rent----cleaning, repairing any damage, etc. Wait for that week before you change locks. Just don't leave any of your tools there for her to take. By doing all this, you both have possession for a week, but you can be getting most of the place ready to rent again, while waiting for her to get the rest of her things out. At the end of the week, change the locks and dispose of the rest of her items.

Re: Walkthrough and Security Deposit, Massachusetts by Denise on July 11, 2020 @09:02	[ Reply ]

THANK YOU, THANK YOU, THANK YOU, GARRY. I have never heard of this strategy. I will definitely use it, should she not give me the keys back. Any normal person would wonder why she would not give them back to me, but I long ago realized this woman is a master manipulator. I have to be very careful how I deal with her. I very much appreciate your advice. Once she's out, I will feel like huge burden is off my back. I actually don't intend to rent the apartment again because if that "rent cancellation" law passes, a lot of people will just stop paying rent and there's nothing you can do about it. Just read the horror stories coming out of Minnesota.

Re: Walkthrough and Security Deposit, Massachusetts by Denise on July 11, 2020 @13:43	[ Reply ]

Hi Garry, If I go in there after giving 24 hours notice, and find nothing at all, I will take photos of the "abandoned" unit and then call a locksmith to come and change the locks as soon as he is able. I don't see why I would need to wait, since the apartment is empty.

Re: Walkthrough and Security Deposit, Massachusetts

Re: Walkthrough and Security Deposit, Massachusetts - Landlord Forum thread 360641