Security Deposit Law My landlord stated in her answer to my discovery that the…

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Security Deposit Law
My landlord stated in her answer to my discovery that the check for the security deposit was lost/or stolen and that it was never replaced(a year later no less.) We are trying to use the mishandling of security deposit as a defense in our answerto the summary process for eviction for non-payment of rent. Would the law still apply because no information was given within the 30 day period? Also, how is a 14-day notice to quit supposed to be delivered upon the tenant? I have court in two days! HELP!

Tenant Violates Lease Landlord Gives Notice to Quit I had a tenant rent and…

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Tenant Violates Lease Landlord Gives Notice to Quit
I had a tenant rent and move into a room in my apartment in August 2007. Since then the police were called to the apartment twice for noise complaints, he sexually harassed me, heavily damaged the floors with scratches, and refuse to clean or maintain the apartment in a reasonable manner. I gave a notice to quit citing that the tenant was in violation of sec. 11 of the Massachusetts Standard Fixed Term Lease (which was signed by both parties). The tenant moved out within a few days and is demanding return of security deposit, which I will return minus a percentage of the cost of floor repairs and cleaning. I want to know if however I want to know if I can demand reasonable damages for part or the remainder of the lease under section 25 of the lease?

Refusing to pay for Maintenance, Now trying to evict.

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Refusing to pay for Maintenance, Now trying to evict. us.
Aren’t these valid defenses for our unlawful detainer case? My girlfriend was told we would lose. Why?

1.Defendant made needed repairs and properly deducted the cost from the rent, and plaintiff did not give proper credit.

2.On 01/25/2005, before the notice to pay or quit expired, defendant offered the rent due, but plaintiff would not accept it.

3.Plaintiff served defendant with the notice to quit or filed the complaint to retaliate against defendant.

4.Plaintiff refuses to deduct defendants rent from invoice amount due to defendant by the plaintiff, for maintenance performed for the building, for the benefit of plaintiff, even though plaintiff paid the defendant using this method on the prior submitted invoice. This constitutes a waiver and estoppel against plaintiffs claim that work performed by defendant cannot be used to cure the amount due for rent.

5.Furthermore, plaintiffs unlawful detainer action brought against defendant is malicious and poses a constitutional unfairness, as the defendant’s inability to pay rent is a direct result of plaintiffs unwillingness to pay defendant for work already performed for plaintiff, and by plaintiffs refusal to accept the work performed as payment of rent.

Thanks.