Can a landlord withhold your security deposit until renting the apartment?

Full question:

Does a landlord have the right to withhold your security deposit until they rent an apartment out?

Answer:

A landlord can only deduct from your security deposit for unpaid rent, certain unpaid real estate tax increases, or damage beyond normal wear and tear. You should have received a form at the start of your tenancy that describes the apartment's condition, which can help you assess any claims of damage. If you believe none of these reasons apply, you can take your case to small claims court if the deposit is under two thousand dollars, or you can contact the Consumer Protection Division of the Office of the Massachusetts Attorney General for free mediation services.

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

If you leave an apartment early, you may still be entitled to your security deposit, depending on the terms of your lease. Generally, landlords can only withhold deposits for unpaid rent, damages beyond normal wear and tear, or other specific reasons outlined in the lease. Make sure to review your lease agreement and document the apartment's condition when you leave to support your claim for the deposit's return.