A Wake- Up Call to Landlords - Keep Proper Security Deposits or Elseby Ponichtera & DeNardis, P.C. on 03/07/11
In a recent case where Landlords failed to establish the required escrow account and to hold the full amount of the Tenants’ security deposit in that escrow account, the Appellate Division of the District Court found this to be a violation of the Massachusetts Security Deposit Statute. In Lopez et al. v. Williams, the Court stated that no matter what the intentions of the landlords were or how innocent or unaware the landlords were of that statute, the landlords were required to make an immediate return of the Tenant’s security deposit on the expiration of the thirty-day deadline established by the relevant subsection of the statute. The landlords, by this failure, also violated other subsections of the statute and violated the consumer protection law. Despite any good faith or mal-intent of the landlords, the Court awarded triple damages and other monetary sanctions against the landlords.
Practical Suggestions from Attorney Daniel DeNardis
If you are a landlord or a tenant, contact a local organization such as PACE. It may have some information for you regarding landlord/tenant laws. It may also be able to suggest other sources. You can also contact an attorney. The law firm of Ponichtera & DeNardis, P.C. offers a free consultation for this and other types of legal matters. With our advice, we may help you stay out of trouble, save you money and reduce your stress and anxiety. We listen, we care, we take action.