Retaliatory Eviction Jennifer

[myah1313]

Hello, I was evicted from my apartment with my 9 month old daughter the judge gave us 14 days to be out I then filied for a stay of exicution tbat was denied. The constible came to my home and thank god he gave me 10 days from the first of febuary. I sti.l how ever do not have any where to go I have no family ghat are safe to stay with. My question is 1. Is there any thing else ican do to get more time to find a apartment? 2. Is does the land lord have to give me the security deposit back? We do owe him 3,000 so I know he can take it for that right? But I read that if I ask him for proof that he did not in fact put the sec deposit into a separate account then I can sue him for 3 times the amount the original deposit was 975 is this true if so how do I go about filing for it

 

[army judge]

Hello, I was evicted from my apartment with my 9 month old daughter the judge gave us 14 days to be out I then filied for a stay of exicution tbat was denied. The constible came to my home and thank god he gave me 10 days from the first of febuary. I sti.l how ever do not have any where to go I have no family ghat are safe to stay with. My question is

1. Is there any thing else i can do to get more time to find a apartment?

No, be thankful that you got very, very lucky and the constable granted you a 10 day reprieve, despite the judge's order.

I suggest you contact the Salvation Army or social sevices in your area (or nearby).

The Salvation Army (also the Red Cross) often will offer temporary (as in emergency) housing for women with children.

2. Is does the land lord have to give me the security deposit back? We do owe him 3,000 so I know he can take it for that right? But I read that if I ask him for proof that he did not in fact put the sec deposit into a separate account then I can sue him for 3 times the amount the original deposit was 975 is this true if so how do I go about filing for it

The landlord has to do nothing more for you, but return your security deposit.



If you have no address, you can use the following address format at any post office:

JUDY JONES
C/O GENERAL DELIVERY
HAPPY HOLLOW, OK 98765

You could also give the address of a TRUSTED relative or friend.

This website discuss the security deposit and interest that should be paid on the deposit:

http://www.mass.gov/ocabr/consumer/housing/tenant-and-landlord/tenant-rights.html


The security deposit, less any deductions, must be returned to the tenant 30 days after the end of tenancy.

If any deductions have been made, the landlord must provide the tenant with an itemized list of deductions including nature of the damage, cost to repair the damage and any associated receipts.

In essence, your landlord must return your entire security deposit immediately upon your demand in the following situations:

1. If the landlord fails to put your money in a bank account separate from the landlord's money;
2. If the landlord does not give you a receipt within 30 days of receiving your security deposit that has:
3. the name and address of the bank where your money is, the amount you gave the landlord as a security deposit, and the bank account number; or
4. If the landlord does not allow you to inspect the records she is required to keep under the security deposit law.

In each of these cases, you can demand your security deposit back and your landlord must return it to you even though you are still living in the apartment.

The reason for this is that if your landlord does not properly account for your money, the law requires her to return it.

A landlord must also return your entire security deposit within 30 days from the day you move out of your apartment.

There are two exceptions to this rule.
One, if you are a tenant with a written lease, a landlord doesn't have to return the deposit until 30 days after the "end of the tenancy" as specified in the lease, even if you leave sooner.
Two, your landlord can use your security deposit to pay for certain expenses.

A court must award three times your security deposit in damages whenever a judge finds that a landlord has failed to:

1. Return the security deposit or balance to which the tenant is entitled within 30 days of the end of the tenancy;
2. Properly deposit a security deposit in a bank account separate from the landlord's funds and "protected from creditors"; or
3. Transfer the security deposit to a new owner of the property you are/were renting.

The law allows you can sue your landlord for the security deposit in the Small Claims session of your local District Court, Housing Court, or Division of the Boston Municipal Court.

While small claims suits are limited to claims of no more than $7,000, as long as your security deposit was $7,000 or less, you can sue for three times the deposit in Small Claims Court even though the tripled amount may be more than $7,000.

You are not entitled to get your deposit back before you move.

Be sure to make a photocopy of the notice and save it.

Don't wait too long to request the return of your security deposit.

Take pictures of the property when you move out in case you need to provide proof later that you left the home clean and without damage.

The landlord can deduct from your deposit for past-due rent and for certain damages and repairs.

You are required to pay for damages you, your family, or guests caused either on purpose or by not being careful.

If your $3,000 deposit doesn't cover your back rent and fees, why bother?



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SAMPLE LETTER DEMANDING RETURN OF DEPOSIT:

January 12, 2014

Dear Mr. Jimmy Bigstuff, Landlord:

I rented from you at (123 Main Street; Apt. 234; Happy Town, OK 98765).

I moved out on (January 10, 2014).

Please return my security deposit to me at this address:

JUDY JONES
C/O GENERAL DELIVERY
HAPPY HOLLOW, OK 98765

Please send my deposit and any other mail to this address.

Thank you,

Signed: [JUDY JONES]


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If the landlord does not respond to your notice within 30 days, or if the landlord sends you a list of charges that you do not believe you owe, you must try to get your money back another way. The two best ways to get your money back are through mediation or Small Claims Court.

 

[disagreeable]

Ummm AJ OP is in MASS......................... She does not appear to have met any requirement for treble damages. Nice try though.

 

[army judge]

Ummm AJ OP is in MASS.........................

Fancy that, MA, OK, almost the same, NOT. Thanks...