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I got a notice to quit not for non payment of rent but being accused to breaking common room furniture, can i get deposit back?

Asked over 2 years ago - Boston, MA

I had my shoes stolen from infront of my door in a brownstone unit after i moved in, shortly after i was accused of breaking common room table for retaliation. I was not compliant with the accusations and now i received a notice to quit (not for non payment of rent). I am willing to move out but want to know what i am entitled to legally to protect my interests in this situation.

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Attorney answers (2)

Matthew T. Lallier Esq.

Reputation Level 4

Answered over 2 years ago. Landlord / Tenant Lawyer in Amesbury, MA.

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I am working off limited facts but based on only limited information the issues are separate. Non-payment is an issue where the landlord is seeking to recover possession based upon you not meeting your obligations under the rent. The issue of the security deposit is a separate one. Under Massachusetts General Laws, a security deposit is held in trust to compensate the landlord for any unreasonable damage that occurred in the course or as a result of your tenancy. The landlord would only be entitled to retain the amount of his damage only after an accounting to you in writing of what the claimed damage is or was.

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Jay M Wolman

Reputation Level 13

Answered over 2 years ago. Employment / Labor Attorney in Boston, MA.

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If you got a 30 day notice to quit, and you have a tenancy at will (or your lease is expiring), you have to move out at the end of 30 days. Your security deposit must me refunded, with interest, less deductions for actual damage you caused.

I am sorry to hear about your daughter's situation. Unless she had a contract to the contrary, she can be fired for being emotional. However, if it is a proxy for discrimination on the basis of being regarded as mentally impaired, she may have a claim. She might also have a claim for retaliation relative to complaints about payroll--the Massachusetts Wage Act is very particular.

I'd suggest she consult with an attorney and/or the MCAD and Attorney General's office.

Sincerely,
Jay M. Wolman
D'Angelo & Hashem, LLC
Admitted to practice in MA, NY & DC
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The information presented in this response is not intended to form an attorney-client relationship nor is the colloquy protected by an attorney-client privilege or work-product rule. The answer provided is based solely on the minimal facts presented in the inquiry and represents only a preliminary and hypothetical response and analysis. It is not to be considered as legal advice and is for information purposes only. If you wish specific legal advice and recommendations about your particular situation, contact an attorney to schedule a consultation. This is not intended to constitute legal advertising or solicitation, but rather to educate.

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