In MA state, if the landlord never gave you a receipt of your security deposit, does he have to give you that deposit back immediately at the end of the lease? Also, might he just say it was given to tenants?
He has to give it back within 30 days of you vacating or 30 days of your written demand to return it. Failure to do so should result in getting back the wrongly withheld portion x3 plus fees and costs.
If the landlord failed to comply with Section 15B by giving you a receipt showing that your security deposit was held in a Massachusetts bank, which must include the name of bank, location, and account number, then you can make a demand that they return it to you immediately, you don't have to wait until the end of the lease. If the landlord fails to return it upon demand, you can take them to court to get it back and they will owe you three times the amount of the deposit, plus attorney and court fees.
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.
If the landlord failed to give you a receipt with all the required information then you can get your security deposit back now upon a demand for it. You should contact a landlord/tenant lawyer to discuss your situation. Many of us posters offer free consultations or you can always use the find a lawyer tool on avvo.
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
Your landlord is charged with obtaining proof as you cannot prove the negative. Send a 30 daywritten demand, certified return receipt requested.
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.
Google "M.G.L. c.186 s.15B". The statute is lengthy and somewhat difficult to understand. Basically, if a landlord takes a security deposit, he/she must deposit it in a MASSACHUSETTS bank account, which is secure from the landlord's creditors (e.g., an escrow account or trust account). The landlord must then inform the tenant, in writing, the name of the bank, the address of the branch, and the account number where the deposit is being held, all within 30 days of receipt (NOT commencement of lease). Failure to obey this law may subject the landlord to forcing to return the deposit, forthwith and/or being subject to damages of 3x the deposit being held, costs, interest and (yum!) "reasonable attorney fees".
The foregoing answer does not establish an attorney client relationship, is not confidential, and should not be relied upon in place of an actual consultation with an attorney. Mr. Boone is licensed to practice in Massachusetts, before the U.S. Tax Court, and the Federal District Court of Massachusetts. Most initial consultations are free. Further information is available on my profile.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline