Security Deposit Refund sent to wrong address.
Thank you in advance.
3 attorney answers
I agree that since the landlord tried to send it to you, they will almost certainly be found to be in compliance with the statute and they will not be liable for the triple damages or attorneys fees. They are not allowed to deduct from the security deposit for the stop payment fee, however the cost and time of pursuing them in court for $30 isn't likely worth it. At most you would get $90, or three times the amount wrongfully withheld.
I am a Massachusetts attorney and answer questions based on Massachusetts law. The above answer is for educational purposes only and does not create an attorney client relationship or constitute legal advice.
I doubt that you would be sucessful under the statute for your landlord sending it to the wrong address. They technically sent it and to the correct address except for the apartment number. The issue that will will be successful with, however, is your landlord charging you the fee. This would be a violation of the statute.
No answer provided by this attorney in this forum is to be considered legal advice. No attorney-client relationship is created in responding to this question, and advice provided is based solely on very limited facts presented, and therefore may not be correct. You are advised that it is always best to contact a competent and experienced with the practice of law in the county in which you reside.
Thank you for replying.I asked them that resending check doesn't make sense and I should not be paying for their mistake. Should I send them an email that I am considering suing them.
No. Wait until they send you another check. At that time you can move forward if they deducted the fee.
Thank you for taking time to reply. I really appreciate it.
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Wait and see what happens depending on whether or not the landlord actually sent it to another address or is simply saying this is something to consider. If you get the money without any deductions then just move on. However, if you are charged for that fee contact a landlord/tenant attorney or send a demand letter yourself. If the landlord does not reply or give your money back contact a lawyer.
Disclaimer- The information you obtain through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately
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Thank you for taking time to reply.