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What should I do if my security deposit hasn't been returned?

What should I do if my security deposit hasn't been returned?

Q: Do you get your security deposit back if you renew your lease?

If you renew your lease, the security deposit typically remains in place and is not returned. The deposit is usually carried over to the new lease term. However, if there are changes to the terms or if the property is damaged, it’s essential to discuss the deposit with your landlord.

Q: What is the law on security deposits in Massachusetts?

In Massachusetts, landlords must return security deposits within 30 days after the tenant vacates the property. If any deductions are made, the landlord must provide an itemized list of damages. Failure to comply can lead to legal action against the landlord for damages and interest.

Q: How long can you stay past your lease?

Staying past your lease without the landlord's consent is generally considered a holdover tenancy. This can lead to eviction proceedings. It’s best to communicate with your landlord about your plans and seek an extension if needed to avoid legal issues.

Full question:

It is officially February 1. My lease has been over since Nov.1, 2006. I have not received my security and damage deposits. What should I do?

Category: Landlord Tenant
Date: 04/07/2025
State: Minnesota

Answer:

According to the law, landlords must return a security deposit within three weeks after the tenancy ends or within five days if the tenant leaves due to legal condemnation of the property. If the landlord withholds the deposit, they must provide a written statement detailing the reasons for the withholding.

If the landlord fails to return the deposit or provide a statement, they may be liable for damages equal to the withheld amount plus interest. Additionally, if a landlord does not comply with these rules, it is presumed they are acting in bad faith, which can result in punitive damages up to two hundred dollars for each deposit.

After a landlord's interest in the property ends, they have sixty days to either return the deposit or transfer it to a new owner. If they do not comply, they may face further legal consequences.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens to deposit at the end of a lease?

At the end of a lease, landlords are required to return the security deposit to the tenant within three weeks. If the landlord withholds any part of the deposit, they must provide a written statement explaining the reasons. If the deposit is not returned or a statement is not provided, the landlord may face legal consequences, including potential damages.