I am trying to find out how to find written proof of laws in the state of massachusetts concerning the tenants rights to immediate return of a security deposit. I know what the laws state from looking at mass.gov but i want to be able to state specifically something like "in accordance with massachusetts state law, fill in the blank chapter paragraph whatever law, i am requesting the immediate return of my security deposit in the amount of...." can someone please help me?
Update:of the bank in which the security deposit has been deposited and the amount and account number of said deposit. Failure to comply with this paragraph shall entitle the tenant to immediate return of the security deposit
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Assuming the statute exists, you should be able to find the it at the link below. It links you to the landlord/tenant section of an official site on Mass. statutes.
The landlord has 30 days in which to return the deposit and/or a list of deductions. That is the law in MA.
You will not find any law that requires the immediate return of the deposit, unless the 30 days have passed.
Damage Deduction from Security Deposits: The landlord must return the security deposit within 30 days after the termination of tenancy.
However, the landlord can deduct only for the following:
* any unpaid rent which has not been withheld validly or deducted under the law;
* any unpaid increase in real estate taxes which the tenant was
obligated to pay under a valid tax escalator clause;
* a reasonable amount necessary to repair any damage caused by the
tenant, any person under his/her control or any person on the premises
with his/her consent. Pet damage can also be deducted. The tenant does not have to pay for reasonable wear and tear associated with normal use.
However, the tenant is responsible for maintaining the apartment in a
clean and sanitary condition ---free of garbage and rubbish.
If the premises are damaged, the landlord must provide the following
within 30 days after the tenancy ends:
* a detailed list of damages listing their nature and extent, and the
repairs required to remedy them. This list must be sworn to by the
landlord or his agent under the pains and penalties of perjury;
* written evidence such as estimates, bills, invoices or receipts,
indicating the actual or estimated cost of these repairs.
The landlord cannot deduct for repairs for any damage listed in the
Statement of Condition or acknowledged amendments, unless the landlord can prove that s/he repaired the original damage after notification, and that new damage was caused by the tenant. The landlord must return the balance of the security deposit (if any), after all proper deductions have been made.
I never heard of "immediate return". If you find this info, let me know. Usually, the lessor of the property has up to 30 days to return the security deposit, depending on the state.
Go to the public library and look in the resource area for tenant / land lord law.
Go to your State Capitol, and visit the Bill Room. They have copies of every bill and law ever written for your state. I used to work at our state capitol, so I know this is a fact,
The site below is pretty thorough - it should cover it, and it gives citations for the different subjects it addresses.