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AMercifulHello t1_j9s9o5k wrote

Reply to comment by joearchang in curtain problem by timeforclowns

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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