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joearchang t1_j9ndpv8 wrote

Reply to comment by AMercifulHello in curtain problem by timeforclowns

Are you in Massachusetts? The only way the landlord could take any of the deposit is if they go to Court. If they have access to the deposit (not in a security deposit account) they are breaking the law and will pay 3x. No discussion. They would also need pictures from the move in of that window not having curtains before. THEN the judge (it will never get this far, it will be mediated) would have to agree that curtains were damaging and side in the landlords favor. NOT going to happen. (Unless it’s a historical building) Laws are strict! Learn them before they bite you! The laws are set up to favor the tenant big time. Especially if they show good faith effort. Simply email or send a certified letter (keep a paper trail) to your landlord that you need curtains. Ask if he would like to put them up or you will. Give him a week (seems fair) Also, if you gave a deposit and you didn’t open the security deposit account with the landlord (it’s a joint account), they are violating the law and will have to give it back with treble damages (3x). Give them that tidbit and see what they say.

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AMercifulHello t1_j9nhvhl wrote

Yeah, I am in Massachusetts.

The landlord could take the deposit to cover reasonable damages incurred. If it's included in the lease that the tenant isn't allowed to hang anything and they do, then the landlord could presumably take this from the security deposit. If the tenant feels this is unfair, the onus would be on them to take the landlord to court (which, even at 3x the damages seems unlikely), at which time I would suspect the landlord would point to the language in the lease.

I agree with your point, though. OP should definitely create a paper trail requesting to install curtains/that curtains be installed at the tenant's cost.

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joearchang t1_j9q60q9 wrote

Ok. You are factually incorrect! Educate your self. Landlords CAN NOT TAKE A DEPOSIT WITHOUT THE COURTS APPROVAL. They wouldn’t be able to remove the money from the account. Period! If they dont have it in a security deposit account the landlord is screwed. You landlord your way. Get ready when you have an educated tenant.

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AMercifulHello t1_j9s9o5k wrote

I'm honestly not sure what you're referring to. In the state of Massachusetts, there are very specific laws outlining security deposits and none of them specify that a security deposit be held in an account that cannot be accessed by the landlord. Similarly, I do not know what piece of legislature you feel mandates court approval to deduct anything from the security deposit.

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joearchang t1_j9si5sd wrote

https://www.mass.gov/info-details/learn-about-holding-a-security-deposit You can go here. It’s slightly vague about the “proper type of account” and “telling the bank it’s not the land lords money”but the actual law states it has to be in a security deposit account (which is what the bank would do if you told them it was a security deposit) Or you are subject to forfeiture of the deposit and treble damages. I do t know the statute but It’s been explained by a judge to me (twice unfortunately).

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AMercifulHello t1_j9vqwyi wrote

I don't mean to be argumentative but I also went through this entire process with a lawyer while drafting my lease and discussing security deposits. There is nothing on the page you referenced, nor in any of the legislature I've come across, nor anything that was mentioned by my attorney regarding a "security deposit account." The deposit only needs to be held in a separate, interest bearing account in a Massachusetts bank. There are then separate laws governing the lease and informing the tenant of said account. I have never heard of any state requiring a court order to withdraw funds from a security deposit, and it seems you're also finding it difficult to find this as well aside from what some judge explained to you at some point before.

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