14C (Summary of basic law), 5th ed., Thomson Reuters, 2014 with supplement, Sections 12:68 – 12:79 Security Deposits. "A detailed very comprehensive book which focuses on solving the security deposit issues of residential owners and managers of property in Massachusetts." Massachusetts landlord-tenant practice: law and forms: security deposits and last month's rent, G. The supplement to section 17.8 explains how the landlord should properly fill out the Statement of Condition, as well as when the tenant needs to return it to the landlord or agent to avoid possible legal problems. Massachusetts landlord-tenant law, Lexis, George Warshaw, 2d edition, 2001, with supplement.Ĭhapter 17 covers security deposits. Includes sample forms for landlords to use. Massachusetts landlord survival guide, Greater Boston Real Estate Board, 2020. Placing the money in an out-of-state bank does not conform to the statute. The security deposit law applies to assisted living residences, but those residences can also charge additional up-front fees for the unique services they provide. Mary Ann Morse Healthcare Corp., 483 Mass. A tenant is only entitled to recover triple damages for those violations of the act that specifically call for an award of triple damages. Not all violations of the security deposit act call for triple damages. Equity Residential Management, LLC, 478 Mass. “Landlord’s failure to return deposit within thirty days did not trigger treble damages provision, where tenant offered security deposit as compensation for their own breach of lease.” 267 (2009)Įven if the landlord returns the security deposit within 30 days of the end of the tenancy, triple damages may apply if the landlord has not followed any of the other provisions of the law that trigger triple damages, such as keeping the money in a separate account or providing a proper itemized list of damage and repairs made. If a landlord does not place a security deposit in an escrow account within 30 days of receipt, and fails to return the security deposit to the tenant, and the tenant must go to court to get the money back, the landlord must pay triple damages, interest, costs, and attorney’s fees.ĭolores v. Adverse possession ("squatters' rights")Ĭastenholz v. Real estate in general, including buying and selling.For the law library, Massachusetts law about housing and real estate
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