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The law says landlords: May only charge for the first and last months rent, a new lock and key, and a security deposit when you first move in. May not ask for a security deposit that is more than your 1st months rent. May not charge other fees, like pet fees, cleaning fees, and application fees.
Normal wear and tear in Massachusetts is defined as deterioration that occurs from the intended use of the rental unit and without negligence, carelessness, accident, misuse, or abuse of the premises or contents by the tenant, members of the household of the tenant, or the invitees or guests of the tenant.
When can my landlord withhold my deposit? Unpaid rent. Paying rent on time is key to being a good tenant and maintaining a positive relationship with your landlord. Cleaning costs. Damage to the property. Pet damage. Lost or broken items. Neglect. Redecoration. Fair wear and tear.
A tenancy at sufferance is created when a tenant wrongfully holds over past the end of the durational period of the tenancy (for example, a tenant who stays past the experation of his or her lease).
Tenancy at sufferance refers to holdover tenants of an expired lease who no longer have the landlords permission to remain in the property, but who have not yet been evicted.
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Damage deduction for security deposits However, the landlord can deduct from the full amount for: Any unpaid rent which has not been withheld validly or deducted in accordance with the law. Any unpaid increase in real estate taxes if you were obligated to pay it under a valid tax escalator clause in your lease.
A landlord can typically charge a tenant for cleaning needed to return the property to the condition at the time the tenant moved in. But, a landlord can not charge the tenant extra or use the security deposit to pay for normal wear and tear.
Convert to Tenancy at Will A tenancy at sufferance can be converted to a tenancy at will. Both the landlord and tenant can arrange a new lease. This can either be written or oral. This can also occur if the landlord accepts payment for rent beyond the given term.
At the end of the lease, the landlord must pay over to the tenant all the interest earned in addition to the original deposit, after any deductions for damages. The rental deposit must be refunded within seven days of the final inspection if no repairs are needed, or within 14 days of repairs being completed.
Damage deduction for security deposits However, the landlord can deduct from the full amount for: Any unpaid rent which has not been withheld validly or deducted in accordance with the law. Any unpaid increase in real estate taxes if you were obligated to pay it under a valid tax escalator clause in your lease.

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