Landlord Refused to Return Security

[Dascalargo]

On Monday, I won by default in small claims court against my former landlady who never returned my security deposit. I was surprised to find it was for only the amount of the deposit, with no interest for the three years she's held my money, and no damages for her failure to return it within 30 days or deposit it in an interest bearing account. Everything I've read states the court awards treble damages in cases like this. Did I do something wrong? Did the court? Can this be corrected or am I out of luck?

 

[Gail_in_Georgia]

Why didn't you say something in court when the judge handed down the judgement? That would have been the time for you to speak up about this decision.

In addition, when you filed your lawsuit, didn't you put down the amount you were suing for?

Gail

 

[Dascalargo]

I was told specifically to not add in damages when I calculated how much she owed me.

As for the interest, that was a stupid oversight on my part. She didn't put it in an interest bearing account, so I had no idea that I was still entitled to interest at a default rate.

As for not saying anything, I had no idea I was supposed to. She didn't show, the clerk-magistrate ruled in my favor and told me I'd receive the ruling in three days.

 

[sfitz]

You can still sue for the remainder of what you are entitled to.

 

[Dascalargo]

Do I file a separate suit or just speak with the court regarding this one? I'm supposed to go back on August 3 for a hearing to let them know if she has paid yet.

 

[Gail_in_Georgia]

What state did this lawsuit take place in?

gail

 

[Dascalargo]

Oops. Sorry. I thought I had said: Massachusetts.

 

[sfitz]

A separate suit. I am curious how your first case came about. Did you contact the consumer protection agency first? What happened when you asked about triple damages for nonpayment of the deposit?

 

[Dascalargo]

I was told small claims court was my only recourse after the landlord ignored my written demands. According to Massachusetts law, the landlord gives up the right to retain any of the security deposit if he doesn't provide a written accounting for any deductions within 30 days, which is definitely the case here. After multiple written requests -- the last one sent certified mail -- I could not get any response. The Commonwealth also states that she also forfeits the right to collect if she doesn't deposit a security deposit in a separate interest-bearing account and provide me with that account information within 30 days (I believe) of accepting the deposit, which she did not.

I read in a set of instructions of Massachusetts small claims court that when I filed, I was not supposed to include damages in the total. Perhaps there was something else I should have done, that I overlooked. I don't know.

As I said above, it was my own stupidity that I didn't include the interest, which, if she didn't deposit it in an account, Massachusetts calculates at 5% payable annually. I wasn't fully aware of my rights before I filed and I guess I assumed since the law said I was entitled to that, that the court would calculate it. My fault.

I have a hard time with the fact that even if she pays back my original deposit -- $1,500 -- that she'll have turned a profit from three years of interest on my money. (An admittedly small one, but still, a profit nonetheless.) Ironically, I have a friend who shares a mutual friend with the landlady, who said I should sue her, that she has done this before with other tenants; wish I knew that ahead of time.

 

[sfitz]

I was told small claims court was my only recourse after the landlord ignored my written demands.

Incorrect. Here is the quote:

The Boston Housing Court covers the city of Boston. At this writing the Northeast Housing Court covers all of Essex County and the Middlesex County cities and towns of Acton, Ayer, Billerica, Boxborough, Carlisle, Chelmsford, Concord, Dracut, Dunstable, Groton, Littleton, Towell, Maynard, Pepperell, Shirley, Stow, Tewksbury, Tyngsborough, and Westford. The Southeast Housing Court covers all of Bristol and Plymouth Counties. The Worcester County Housing Court covers all of Worcester County and the towns of Ashby, Bellingham, Hudson, Marlborough, Townsend, and the Devens area in Norfolk and Middlesex Counties. The Western Massachusetts Housing Court covers all of Hampden, Hampshire, Franklin, and Berkshire Counties. Anywhere else in Massachusetts, the case goes to District or Superior Court.

I read in a set of instructions of Massachusetts small claims court that when I filed, I was not supposed to include damages in the total. Perhaps there was something else I should have done, that I overlooked. I don't know.

This makes sense as small claims is a quick and dirty version of a real trial. There simply isn't the resources to hear arguments about "non-actual" damages. I would say that you should pursue the matter in district court (if there is no housing court in your area) using your judgment as evidence that your tenancy rights have been violated. The tenancy law states that you can also include court costs and reasonable attorney fees. You may want to consult with an attorney or the CPA, but it seems like a open and shut case.

 

[Dascalargo]

Thanks, s_fitz. I appreciate your time and input.