Emma A. Kremer
Emma A. Kremer, Litigation Lawyer - Boston, MA
Posted over 2 years ago.

I should add that with respect to your question about the trespassing, your landlord cannot forcibly evict you or bar your access to your apartment while you still live there and any action your landlord may take must be done through the court system.

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Asker
Posted over 2 years ago.

Thank you for your answer, since the landlord did not give a receipt of where the deposit is in escrow aren't I able to ask for immediate refund covered in 15b 3a?

Emma A. Kremer
Emma A. Kremer, Litigation Lawyer - Boston, MA
Posted over 2 years ago.

Yes, but that does not apply if the "lease, rental, occupancy or tenancy of one hundred days or less in duration which lease or rental is for a vacation or recreational purpose." (The last subsection of the chapter and section you cited). I'm guessing that's not applicable here but I thought I would mention it. Nice research you did.

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Asker
Posted over 2 years ago.

Thanks :) Yes the term of the lease was from October-May.

Emma A. Kremer
Emma A. Kremer, Litigation Lawyer - Boston, MA
Posted over 2 years ago.

You are very welcome and good luck with everything!

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Asker
Posted over 2 years ago.

One last thing and I appreciate your expertise! Even though I sent a notice of intent allowing my security to be applied towards last rent and the landlord intern replied with a notice to quit should I send a demand letter anyway? From what I read in MGL is that mishandling of a security deposit can lead to treble damages.

Emma A. Kremer
Emma A. Kremer, Litigation Lawyer - Boston, MA
Posted over 2 years ago.

That is true with respect to mishandling security deposits but I'm not sure if failing to give you the information about where it was being held is enough if your deposit was held in an interest bearing account and your landlord gives you the deposit and interest earned. I'm not sure on that one without researching more into it. You should be careful not to breach your lease agreement, meaning that you can demand the deposit back but you probably shouldn't deduct it from your rent. If you plan on suing your landlord, have an attorney draft the demand.

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Asker
Posted over 2 years ago.

ok , thanks again for your time!

Emma A. Kremer
Emma A. Kremer, Litigation Lawyer - Boston, MA
Posted over 2 years ago.

You're welcome. Enjoy the rest of your weekend!