<p>Just a short rant. DS just moved from Boston back to CA. We got a whopping $88. back from his $985. security deposit. The list of “infractions” was ridiculous including 575 dollars for painting the bathroom(?) because they claimed the walls “seemed to be a different color.”<br>
This was a very small studio apartment. He never painted any of the walls at any time and there is NO way it cost 575 to have it painted. Ditto the 175 for carpet cleaning…approximately 400 square feet of carpet. Of course, nothing we can do about it now but I can use the internet to spread the word. Lots of parents and students here renting apts in Boston. Stay away from Heath Properties.</p>
<p>ebeeeee - Rant away. Fair? No. “But in the grand scheme of things …”</p>
<p>We had a high profile divorce case here recently. The soon-to-be-single wife submitted a budget as evidence of her financial need. On it was a $5,000 line item for clothes. Not bad I thought … until I realized it was $5,000 PER WEEK!</p>
<p>There, don’t you feel better now about that one-time $900 hit?</p>
<p>Thanks for the laugh…yeah I hear you.</p>
<p>hmm, how about taking pictures prior to moving in?</p>
<p>Ivana does have to dress up appropriately…lol</p>
<p>You can and probably should take pictures prior to moving in. In this case, unfortunately DS moved out on 8/30 and had an early flight back on 8/31. Final checkout was done without him present…lesson learned but who knew they would be such crooks? And of course, even if he had been present the return of the deposit is at their discretion unless you want to get a lawyer…</p>
<p>Security deposit law is extremely regulated in MA. It may be too late now unless you have someone local to drive this for you, but:</p>
<p>1) Landlord must provide an itemized list of damages, along with receipts showing the work was actually done, signed under penalty of perjury. They cannot just pick a number they feel like. I believe a quote do to the work is not acceptable, there has to be paperwork showing the actual cost.</p>
<p>2) Normal wear and tear is not subject to recovery from the security deposit. Dirty carpets come under normal wear and tear unless there is something really dramatic.</p>
<p>3) Collecting a security deposit in itself is highly regulated - a certain form has to be used with certain words in a certain font at a certain font size, landlord has to keep the money in an escrow account and provide you the account details, etc. Chances are good they did this wrong to begin with, which entitles you to damages of triple the security deposit unless they refund the entire deposit immediately.</p>
<p>Boston is a tenant-friendly city, judges are not favorable to landlords in cases like this.</p>
<p>Do you know a lawyer in Boston? A nasty-gram from an attorney may shake some money loose if they are faced with a lawsuit. Right now they figure there is no way you can get to them.</p>
<p>Advice for anyone reading this:</p>
<ul>
<li><p>Take detailed pictures upon move-in, and at move-out. Use a local paper in the pictures to establish a date. Fill out the condition statement forms in excruciating detail.</p></li>
<li><p>If you didn’t pay last month’s rent up front, consider not paying the last month and force the landlord to take it from your security deposit. While not technically legal, a landlord most likely will not try to evict since you are moving at the end of the month anyway, and he won’t want to risk antagonizing you so you don’t trash the place or make it hard to show. You risk a less-than-glowing reference in the future, which may or may not bite you later on.</p></li>
</ul>
<p>Good luck, I hope you can get some money back.</p>
<p>Thank you notrichenough! I may just find a Boston lawyer and thanks to CC I already have a lead on one. This particular landlord makes you pay first, last, and security in addition to the agent fee. Four months rent back in January for a rental the following September…We did not pay the last months rent as it had been paid more than a year prior.</p>