The end of a tenant’s time at a rental unit can be somewhat stressful for a landlord. Typically, they want to have a new tenant take possession of the property as soon as possible. They therefore need to make any necessary repairs and conduct a deep clean of the space as soon as possible.
They also need to ensure that they properly communicate with the former tenant about any issues with the unit and make plans to address the security deposit. State law imposes numerous restrictions on security deposits. Typically, landlords can charge no more than the equivalent of a single month’s rent as a security deposit. They must deposit the funds in an appropriate account and distribute interest to the tenant as required by the law.
When a tenant leaves the unit, the landlord must act promptly to return some or all of their security deposit to the tenant. Failing to do so could lead to litigation in some cases.
Landlords have to act within a month
Massachusetts state statutes impose a relatively quick turnaround time for security deposit claims and refunds. Typically, landlords provide written notice to the tenant of any claims related to damages to the unit. They must affirm that the damage is new and provide an estimate of repair costs.
It is possible to retain some of the security deposit for serious damages, but not for standard cleaning expenses between tenants. Landlords can also retain some or all of the security deposit if the tenant leaves without paying the full amount of rent that they owe.
When a landlord intends to retain part or all of the security deposit, they must notify the tenant in writing. Additionally, they need to clarify exactly how much they intend to retain for repairs or unpaid rent. The former tenant should receive the balance of the security deposit.
Landlords typically only have 30 days from when the tenant officially ends their tenancy of the unit to return the remainder of their security deposit funds. Certain complicating factors, such as tenants leaving without providing notice or without advising the landlord of their new mailing address, can interfere with the landlord’s compliance with security deposit regulations.
Landlords dealing with complicated situations or facing tenant complaints about security deposits may need assistance protecting themselves. Partnering with an attorney familiar with Massachusetts residential rental laws can make a major difference for landlords trying to fulfill their obligations at the end of a lease.