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How much can my roommate charge me from my security deposit,

How much can my roommate...
How much can my roommate charge me from my security deposit , for putting a wall mount on my wall (4 wholes on the wall ) and a very small cigarette burn on the carpet ? Thanks .
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Answered in 10 minutes by:
1/12/2018
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,635
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Typically a landlord would charge around $10 a hole to spackle and patch. As for the burn, it depends on how old the carpet it. Carpets go down in value 20% a year so depending on the size of the burn, maybe 20-$30.. This is just a pure ballpark estimate based on me also being a landlord for over 26 years..

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thanks

Barrister

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Customer reply replied 4 months ago
We have had some troubles and now he is trying to get my deposit for himself by all means .. so I’m trying to protect myself against that. Is there anything I can do to ensure that he won’t overcharge me ?
Customer reply replied 4 months ago
Also that is the price for MA, USA ,

There is no "price" as it is a subjective amount that a landlord would charge for his time and materials or what a handyman would charge him to make repairs.. That is just a rule of thumb. If a landlord charged a tenant an unreasonable amount, the tenant's recourse would be to sue in small claims court and have a judge decide what is reasonable.

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I am not sure why your roommate would have any control over your deposit.... are you renting from the roommate because he is the only one on the lease or are you renting from the landlord?

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Customer reply replied 4 months ago
Renting from my roommate cause he is the only one in the lease and we live in a building with management company ...

Ok, then the roommate is legally your landlord and would make the determination of what to charge you for damages based on what he may eventually be charged at the end of the lease..

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But if he is holding your deposit, he is the same as any landlord and has to follow all the same rules. So he has to give you a written itemized list of damages within 30 days of you vacating and returning the keys. There are also several things that he had to do under the law like giving you a "separate written statement of the present condition of the premises to be leased or rented" within 10 days of taking a deposit.. he also has to keep that money in a separate interest bearing account.

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And most importantly, the law says this:

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(6) The lessor shall forfeit his right to retain any portion of the security deposit for any reason, or, in any action by a tenant to recover a security deposit, to counterclaim for any damage to the premises if he:

(a) fails to deposit such funds in an account as required by subsection (3);

(b) fails to furnish to the tenant within thirty days after the termination of the occupancy the itemized list of damages, if any, in compliance with the provisions of this section;

(c) uses in any lease signed by the tenant any provision which conflicts with any provision of this section and attempts to enforce such provision or attempts to obtain from the tenant or prospective tenant a waiver of any provision of this section;

(d) fails to transfer such security deposit to his successor in interest or to otherwise comply with the provisions of subsection (5) after he has succeeded to an interest in residential real property; or,

(e) fails to return to the tenant the security deposit or balance thereof to which the tenant is entitled after deducting therefrom any sums in accordance with the provisions of this section, together with any interest thereon, within thirty days after termination of the tenancy.

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And then it gives you the right to sue for 3X the deposit due if the landlord violates (a), (d), or (e).

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You can look up the law here and read all the requirements: MA Sec Dep Law

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thanks

Barrister

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Customer reply replied 4 months ago
I’m sure he hasn’t put my money into a separate account and he has not given me anything as to where the premises are
Customer reply replied 4 months ago
He has told us he would give us the deposit the day we leave the house And I have his text to prove it . If he doesn’t , do I still have to wait for the 30 days ?

Yes, his statement doesn't trump the law so he has 30 days.. But if he has violated (a) he is already liable under the law. So if it were me, I would sit back, wait until he violates (e) too, then sue him for 3X the deposit..

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thanks

Barrister

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Customer reply replied 4 months ago
Okay thanks !

You are very welcome. Happy to help any time.

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And 3X your money is a pretty good return for waiting 30 days..

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

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Customer reply replied 4 months ago
Ok thanks again

Happy to help..

.

Please take a moment to rate my service as that is the only way I am compensated for my work.

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Customer reply replied 4 months ago
I just have one more question
Customer reply replied 4 months ago
I’ve asked for an agreement or contract and he has denied it to me . So I have no contract .. is he still considered my landlord under the law in MA ?

Yes, you are just under an oral lease agreement... still completely legally binding and you are still in a landlord/tenant relationship..

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Customer reply replied 4 months ago
Okay thank you ..

Happy to help out when I can..

.

.

Have a great day!

Barrister

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,635
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
Barrister and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 4 months ago
Hi
Customer reply replied 4 months ago
I’m trying to ask a question from you just but they keep giving me somebody else But I really wanted it to be answered by you , anyway I could do that ?

I reviewed both questions and answers and they are both correct.. I can't add anything that would be different.

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It is pretty simple, if you fix everything so it is back to perfect, the landlord can't charge you.

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Customer reply replied 4 months ago
Thank you !
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Barrister
Barrister
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Experience: 17 years real estate, Realtor. Landlord 26 years

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