[savealotman]

Hi,
when I moved into my current apartment eight years ago I gave the landlord a check for first month and security deposit. I live in Massachusetts, I have researched the law about what the landlord is supposed to do with my security deposit which is to put it in a bank account and it will collect interest, which by law he is supposed to pay me yearly either by cash or deduction off my last months rent, this has never happened. He claims to have returned it and in fact never did, when I pursued the question further he says he will have his wife look into it. This has been going on now for four years. I think that they spent my deposit and never followed the law. They owe me interest at five percent monthly which will compound as the account increases in value every month. My fear is that he will if I ever move out try to not return it or return only the original amount with no interest and no proof of original deposit at the time of tenancy. He is supposed to show me the bank account book with the interest adde in monthly. Now here is another problem my landlord also happens to be a local police officer. He sometimes acts and says the most juvenile things and yet he is a piece officer. I don't get it. Lately he seems to be shirking any responsibility my bathtub had a major clog on a weekend and he was off fishing on his boat with his son. His wife told me she wouldhave him stop by and check it out, the tubstopper was not working properly so I removed it . When he finally showed up he took the old stopper and said I needed to buy som drano for the clog and then left. It didn't work at first so I called him and told him the clog wasn't breaking free. He told me it wasn't his responsibility and he would stop by the folloing day. We managed to clear the clog and he never showed up or even called . My fear is if I make an issue with him, because he is a civil servant of major retribution not only by him but his brothers in blue. The cops around here are not the most upstanding citizens and if I do cause waves I won't be able to live anywhere in this city. What do I do?:confused:

[excon]

Hello s:

The thing to do is NOTHING.

These are issues that should be dealt with when you move out. He either has or doesn't have proof that he paid your deposit back to you. He doesn't really owe it to you until you leave anyway, so why make an issue of it now?

The interest?? That's something you can bring up at the end of your relationship too. He can either prove he adhered to the law or he can't. Again, waiting won't hurt your case.

Therefore, you can continue to be the sweet tenant he knows you to be. Ok, he's not the greatest landlord in the world, and I'm sorry you had to unplug your own drain.

However, upon further thought, a plugged drain is really one of those things a tenant should take care of, unless it's faulty pipes. It's kind of like changing light bulbs - well a little more than that, but in the same vein.

So you can wave at the cops and bring them doughnuts. They're still going to love you - till you leave - and who cares then?

excon

[savealotman]

The issue of my deposit I agree with you , problem is he keeps bringing it up I don't. It is only a once and a while converstion but he does bring it when he is here collecting his monthly rent. My problem he keeps claiming he gave it back top us and he tells us he always returns security deposits after the tenants are with him for a year. On the cloggeddrain I believe the landlord is responsible for normal wear and tear and a drain that is clogged after eight years of tenancy is his responsibility because it is normal wear and tear when you rent an apartment eventually the bathtub drains do end with hair clogs. If one of my children somehow got a toy stuck then that is my responsibility but under the law he is supposed to take care of thT ISSUE AND NOTBLOW IT OFF FOR TWO DAYS.

[RubyPitbull]

Hello save. I just found this other post of yours. Guess what? Besides being an average Pitbull, I am a landlord. Regarding the drain clog, check your lease. If it is a standard lease, normal problems, such as a clogged tub or sink drain, are up to the tenant to resolve, just like light bulbs as excon mentioned. You must make a reasonable attempt to resolve the problem before calling the landlord. If drano or a plunger don't do the trick, then you call the landlord and either he, a handyman, or plumber will come in to resolve the problem. If it happens over the weekend, and we are not reachable because we are busy with our regular lives like other people, it is going to wait until the next business day because it isn't considered an emergency situation. If it isn't a problem with a broken pipe, or a dangerous situation, by law, the landlord is given a reasonable period to fix the problem. If it is a dangerous situation, such as no heat in the winter, frozen pipes, gas leak,. Then, it is considered an emergency and it is supposed to be rectified immediately. So, check your lease for these things.

Regarding your security, if it is the law in Mass that the security should be deposited into an interest bearing account and it isn't, then deal with it, as excon states, when you choose to leave the apartment. It isn't worth creating a bad relationship with your landlord now. I don't know about the 5% compounded monthly being a guaranteed rate. If your landlord brings it up, just keep telling him you are sorry, but you don't have any records of the check and you would appreciate a copy of the cancelled check so that you both are in agreement. He will eventually either give you a copy of the cancelled check, or not bring it up anymore. Always be nice, pleasant, and reasonable in your interactions with him so he can't find a reason not to renew your lease. You need to move when YOU are ready to move, not before. And, keep in mind, that if he never gave you the deposit money back, he has no way of proving that he did, so you are already covered in that respect if you have to take him to small claims court to get the deposit back and any interest he owes you. Just make sure that when you move, take pictures (with a date stamp on them) of the condition you left the apartment in so that he can't come up with flimsy or unreasonable charges to withhold your security in its entirety.

[michealb]

I don't know about MA but in VA the landlord is exempt from all sorts of laws if he has less than 5 properties. One of the things that he is exempt from is having to pay interest on security deposits. So check your local laws carefully before accusing him of something.