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  1. #1
    Join Date
    Sep 2007
    Posts
    1

    Default Landlord Claiming $1,500 of Damages

    I just finished up a tenancy of 4 months (In Massachusetts) from a rather unorganized (alcoholic) landlord.

    It was a temporary place to live for me and I tried to just be as amicable as possible and just hold out until I could move out.

    So, a few days ago, he sends us a damages bill of $1500 dollars, claiming he had to rebuff the antique wooden floors from nicks and scratches, and reframe a few doorways, most of what is on the "invoice" (if you even want to call it an invoice, it looks like he just picked the costs of random things from midair, there were no receipts, and one invoice was handwritten in illegible chicken scratch) seems to be normal wear and tear.

    Not only that, he failed to give us a receipt for the separate, interest bearing account that our security deposit should have gone into. He also never provided us with any sort of official condition statement when we moved in. This was confirmed by all 3 of my roommates.

    So, not only are we entitled to our deposit, but, if he doesn't pay it before October 1st, we are also entitled to triple damages.

    My question is, should I send him an e-mail, or a letter, letting him know that he owes us our security deposit, and that if he doesn't by October 1st (our lease terminated August 31st) that we would be entitled to triple damages? I would honestly rather not take this to court as I feel it would just be a huge pain in the ass with the fees and all that, and in all honesty, if I just get my original security deposit back, I'd be happy.

    Also, what constitutes normal wear and tear? I've done a lot of research and can't seem to find a comprehensive list of what is considered normal wear and tear

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Landlord Claiming $1,500 of Damages

    If you believe a letter may inspire him to refund your deposit, and you would be happy with the outcome, it seems like a reasonable enough step to take.

    You won't find a comprehesive list of "normal wear and tear". Expect a court to apply common sense.

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