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

Full question:

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

Answer:

A landlord may only deduct from the security deposit for unpaid rent, certain unpaid real estate tax increases, and damage beyond reasonable wear and tear done to the apartment. You should have received a form at the beginning of the tenancy to fill out describing the condition of the apartment, so this should help you determine whether there was any damage. If you do not think that any of these factors apply to you, you can go to small claims court if the deposit is under $2,000, or contact the Consumer Protection Division of the Office of the Massachusetts Attorney General for a free mediation service.

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.