I recently vacated an apartment, and I had a security deposit. After two months of pestering the landlord he finally gave it back but deducted more than half for damages and cleaning and I left the apartment spotless and in better shape than it was when I took it! What can I do about this?

As any lawyer will tell you, sue the bastard! Seriously, residential security deposits are the subject of legislation which provides strong incentives for a landlord to return a security deposit when it should be returned because otherwise the landlord is liable for three times the amount of damages plus attorney's fees. The attorney’s fees could, of course, be far more than the amount of the security deposit. A landlord is only entitled to deduct from the security deposit costs for repairs if the landlord within 30 days of the termination of the tenancy provides an itemized list of the damages sworn to under the pains and penalties of perjury itemizing in precise detail the nature of the damage and the repairs necessary to correct such damage with written evidence such as estimates, bills, invoices and receipts, indicating the actual or estimated cost. If your landlord fails to do that he is not entitled to retain any part of the security deposit.  Lawsuits are both time consuming and emotionally draining. Before you decide to bring a lawsuit you may be better off sending a letter to your landlord outlining the reasons why you are entitled to the return of the security deposit. If your landlord still fails to respond, you can seek the services of a lawyer or you can take your landlord to small claims court which has a jurisdictional limit of $2500 but you can also ask for the multiple damages as provided for in the statute plus any costs you incurred in the litigation process.

If you have questions about this or any other legal matter, please contact Tom Bennett at (617) 531-6574 or tvb@barronstad.com.