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!
Re: Security Deposit Law
Based on these facts, you could certainly assert the mishandling of the security deposit as a defense. If you have a signed receipt from the landlord stating she received a security deposit then the burden would be on her to prove she complied with the statute. Do you have a canceled check showing the security deposit check was cashed? If the landlord gave you no receipt then you will need to provide evidence of payment (testimony as to date/time/method of payment). However, it sounds like in her answers to your discovery she admitted taking the deposit but it was lost/stolen. Once a landlord admits taking a security deposit, the burden is on her to prove she complied with the statute.
As for the 14 day notice, the method of delivery is really not important. The key is receipt by the tenant. The landlord must show the court that the tenant received the notice and the 14 days has expired prior to filing the case. Generally, landlords will have a constable or sheriff serve since both will complete a return of service which will indicate how the notice was served. The burden is on the landlord to prove receipt.
Robert Trant
Law Office of Robert R. Trant
678 Massachusetts Ave
Cambridge, MA 02139