My landlord didn't return my deposit in 30 days but is blaming it on the bank.

Under our Massachusetts statute the landlord must return the security deposit withing 30 days. The landlord may deduct for certain items specified in the statute, but may only deduct for damages if he complied with certain requirements of the statute when the security deposit was received and within the 30 days provides a sworn statement itemizing the damages and the costs of repair, with written evidence of such costs. Landlord forfeits all right to retain any part of the security deposit "for any reason" if the landlord fails to meet any of 5 requirements set out in paragraph 6. One of these is the failure to provide the list of damages within 30 days. For three of the five items the landlord is liable for treble damages, court costs and a reasonable attorney's fee. See General Laws c. 186, s. 15B, paragraphs 2, 4, 6 & 7.

Having said that the question is whether you want to bring a small claims action for $80, even if tripled. You could bring that small claims action and request three times the entire security deposit (less the amount returned), plus any interest due under the statute. His claim that he usually gives $80 to a cleaning service might seem to the court to be an admission that in his opinion he views "dirty" as damaged (very questionable) and since he does it every time he makes no effort ever to comply with the statute. If there is a Housing Court serving your county you might bring the action there where all they do all day is deal with housing issues.

The information presented in this response is not intended to form an attorney-client relationship nor is this dialogue protected by an attorney-client privilege or work-product rule. The answer provided is based solely on the few facts presented in the question and represents at most a preliminary and hypothetical response. It is not to be considered as legal advice and is for informational 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.

This is a supplement to my ealier answer above. In it I suggested that "You could bring that small claims action and request three times the entire security deposit (less the amount returned), plus any interest due under the statute." Based upon a case just handed down this week by the Massachusetts Appeals Court you might claim three times the amount of the security deposit (plus any interest that may have been owed under the Security Deposit Statute), less the amount the Landlord paid you.

An attorney would discuss the facts in more detail to see if the recent case (Taylor v. Beaudry) applies to the facts of your case.

Good Luck with your claim.

Disclaimer. This response and the information contained herein are not intended to form an attorney-client relationship. The answer provided is based solely on the few facts presented in the question and represents at most a preliminary and hypothetical response. It is for informational purposes only and may not be considered as legal advice. For specific legal advice and recommendations about your particular situation, contact an attorney to schedule a consultation.