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Ratings. Guidance. The Right Lawyer.
Recovering a security deposit
Boston, MA
Viewed 70 times.
Posted 2 months ago in Landlord / Tenant
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My lease terminated and I moved out. We are now at the tail end of the 30 days by which the security deposit must be returned. I sent a demand letter immediately upon vacating. I have only just been informed that the property (entire building, including my former unit) went into foreclosure; the property management company pointed me to the landlord to recover the deposit. The landlord is nowhere to be found. On the lease he was hidden behind an LLC, and his listed phone number is no longer in service.
Assuming he can even be located, do I even have any recourse? If his LLC is dissolved, does the security deposit become irretrievable? I never received a statement of what bank account was holding the security deposit. - Is this your question? Add additional information Answers (2)
Phil A. Taylor
This attorney is licensed in Massachusetts.
Posted 2 months ago.
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The security deposit law is very strict and for improperly handled security deposits treble damages and attorneys' fees are awarded with a favorable judgment. In light of the situation you have described locating and collecting from the landlord may be difficult, but it would be well advised to contact an attorney sooner, rather than later, to see what options there are. Feel free to contact me to discuss further.
DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues. 
Michael L. Tumposky
This attorney is licensed in Massachusetts.
Posted about 1 month ago.
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When the bank takes over, my understanding is that they would be obligated under the law to assume his liabilities for security deposits and last month rent deposits.
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