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SouthBostonP…, Real Estate Pro in Boston, MA

Massachusetts Security Deposit - Although this is for damages would a Fine issued to tenants from a condo association be considered damages to take ou

Asked by SouthBostonProperty, Boston, MA Thu Jan 17, 2013

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6
You are asking a legal question in a place where there are few lawyers.
For the correct legal answer, you need to ask an experienced real estate lawyer.
I would contact a local real estate professional to save time and money.


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0 votes Thank Flag Link Sat Jan 19, 2013
Although you caused the fine, the association issues fines to Landlords. The LL may deduct the outstanding fines from the security deposit after tenancy is completed.
0 votes Thank Flag Link Thu Jan 17, 2013
This should really be answered by an attorney that has experience in tenancy law. As a landlord myself, I would imagine that any fine/fee structure would need to be detailed in the lease. However, I am not an attorney so I would defer to one. Let me know if you need a referral.
0 votes Thank Flag Link Thu Jan 17, 2013
Just remember that you can not take money out of the security deposit account until AFTER the end of the tenancy. So if you can get them to pay the fine upfront, that would be better. Otherwise, if you have a receipt, you can deduct it from the security deposit prior to returning the remainder of the deposit back to the tenant.
0 votes Thank Flag Link Thu Jan 17, 2013
Of course. I agree with Stephen, the landlord could absolutely request to be paid up front.
0 votes Thank Flag Link Thu Jan 17, 2013
Yes, although the Landlord could request that it be paid up front leaving your security deposit intact.
0 votes Thank Flag Link Thu Jan 17, 2013
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