Landlord-tenant: security deposit
I have been looking for good information about landlord-tenant issues for readers on this blog. Rich Rosa is an attorney and a buyer’s agent practicing north of Boston. He did some legal research for a reader:
The question:
...Could you talk about security deposits during the tenancy? e.g.during the tenancy, can the LL deduct from the security deposit costs
repairs (for damages caused by the tenant) and then require the tenant to pay that amount into the SD account so the SD stays at the original agreed to amount? E.g. tenant gave a $600 SD. Tenant drives over lawn chair (yes, it happened). LL takes $50 out of the SD to cover
the lawn chair so SD is now only $550. Can LL require tenant to pay $50 into the SD so it goes back up to $600.? How can this be enforced? Or is it better require the tenant to immediately pay the $50 and not touch the SD? In this case then, how to enforce the tenant paying the
$50? Some LLs say the lease can say that any monies owed will be deducted from any monies received. So if the tenant does not pay the $50, the LL can deduct $50 from the next months rent. Thus the rent is short and if the tenant still doesn't pay the $50, then the tenant can be evicted for nonpayment. Would the courts evict for nonpayment in such a case? Thanks, JPLL
The answer:
The landlord should ask the tenant to pay for the damage at the time it occurs and not deduct from the security deposit.
With regards to deducting from the security deposit, the statute does not specifically provide for making deductions during the term of the tenancy; therefore, a landlord should request that a tenant pay for damage themselves to property outside the dwelling when it occurs, but should not make a deduction from the security deposit.
The legal requirements imposed on landlords who accept security deposits from tenants are numerous and quite specific. Massachusetts General Law Chapter 186 covers landlord and tenant relationships in general, and Chapter 186, Section 15B outlines a landlord's responsibilities relating specifically to security deposits.
The Massachusetts Attorney General's office publishes a guide about landlord and tenant rights. It provides basic answers to many commonly asked questions.
The statute is specific regarding what expenses can be deducted from the security deposit. The security deposit covers damages to the dwelling only, so a damaged lawn chair, garbage can, child’s bicycle and other personal property outside the dwelling is not subject to the security deposit.
State law gives a landlord a number of responsibilities related to a security deposit, including the following.
Any lessor or his agent who receives a security deposit from a tenant or prospective tenant shall give said tenant or prospective tenant at the time of receiving such security deposit a receipt indicating the amount of such security deposit, the name of the person receiving it and, in the case of an agent, the name of the lessor for whom such security deposit is received, the date on which it is received, and a description of the premises leased or rented. Said receipt shall be signed by the person receiving the security deposit.
In addition, a security deposit shall not exceed the first month’s rent and a landlord shall provide a tenant with a statement of condition of the property. The statute goes into some detail about the required statement of condition of the property.
Any potential landlord - and experienced landlords too - would be wise to carefully read the statutes governing landlord and tenants rights, and consult an attorney if not understood.
