Problem with Landlord

voldaran

I have asked multiple times for receipt of where my security deposit is being held. It is my understanding he must put the deposit in a interest bearing account and provide all available information including account number to me within 30 days.

deadonthestreet

Massachusetts security deposit law

Where in Massachusetts are you? There are a bunch of legal services offices that can help you when your landlord tries to evict you (which sounds like it may happen here).

Teslan26

Nothing useful beyond asking if lawyers in MA give free hours?

Over here you can usually get the first hours solicitor consultation for free, which should be enough to deal with these issues and put you in a strong position of knowledge.

Just a suggestion.

voldaran

deadonthestreet: I would hope he does not plan on evicting me, I have done nothing wrong. I live in Framingham, MA

Teslan26: I have have been looking for a place that offers free consultation on the matter. I just wish I could call someone and talk.

I have drafted an email and certified letter in the case I want to go ahead and withhold rent and ask for the security deposit back. Also, the first is tomorrow, so I either mail him a check today, or these letters. Not sure which is the better move.

The Crowing One

Damn, I grew up about a block and a half from the Framingham line.

I'd start at any sort of "Community Action" organizations such as Housing Authorities, Housing Counseling Agencies or other non-profits. I've got the hookup out in Springfield, now, but know very little about the eastern part of the state for housing issues. Referrals is probably the best way. Call the town, call the agencies and someone will be able to get you in contact with an advocate.

deadonthestreet

http://www.mwlegal.org/ may be your best bet.

Daenris

voldaran wrote: »

Next problem, I live in MA. and in MA, you cannot charge a late fee of any kind. It is illegal. He has sent me multiple emails, and its stated on my lease that if I fail to pay on time, there will be a 50$ late fee for every day late. In an email, he has stated he would deduct it from the security deposit.

I don't believe this is true. You can't charge a late fee until the rent is more than 30 days late, so his late fee is still illegal, but it's not totally illegal to charge a late fee in MA. However, they can start the eviction process at any point after rent is late, even by only a day.

Late Payment Penalty

A landlord cannot charge interest or a penalty on late rent until 30 days after the due date. However, the landlord can begin the eviction process immediately, even if the rent is only one day overdue. The landlord also cannot use a reverse penalty clause to encourage you to pay early. For example, it is illegal for a landlord to reduce the rent by 10% if the rent is paid within the first five days of the month.

from here

Of course, what the landlord is doing sounds shady (trying to charge you extra or take it out of your security deposit for cleaning fees incurred before you occupied the apartment). It doesn't sound like the type of place where I'd want to live for a year. If I were you I'd talk to your local tenant's rights people, and start looking for a new place.