The landlord-tenant laws of Massachusetts allow landlords and property managers to make deductions on tenant's security deposit only if there is unpaid rent, the damages that go beyond the common wear and tear and any other costs resulting from breach of contract. A list of itemized statement and receipts of expenses along with the remaining balance must be sent to the tenant's provided address within 30 days from the time the tenancy ended.
Any damages on the property that are caused by regular use are not the tenant's responsibility and the resulting expenses can't be deducted from the tenant's security deposit. Damages resulting from day to day activities like carpet wearing out due to foot traffic or curtains fading due to exposure to the sun fall under regular wear and tear and the tenant cannot be charged for such.
When a landlord withholds the tenant's security deposit in bad faith and the tenant feels that the deductions are unnecessary, there are several ways a tenant can do to get back the withheld amount. The first thing that the tenant needs to do is to send a letter to the landlord acknowledging receipt of the provided list and also address their dispute and why they do not agree with the deductions made. When communicating with the landlord, be sure to put everything in writing so as to keep proof should the matter end up in the courtroom.
This Damages Claim Dispute Letter is professionally written to address your desires of getting back your rightful security deposit. It also lets the landlord know that you are aware of your rights as a Massachusetts tenant and act as a warning if they default in repaying the wrongfully withheld amount. Make a copy of the letter then send it through certified mail to get a return receipt.