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?

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.

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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