What are my rights if my landlord did not provide proof of escrowing my security deposit within the legally prescribed 30 days?

UPDATED: Aug 26, 2011

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What are my rights if my landlord did not provide proof of escrowing my security deposit within the legally prescribed 30 days?

He is refusing to return my deposit even though I requested he do so in writing, and I provided a copy of the law as to his responsibility to do so. Does this action by him void our lease agreement? What are my options? Can I terminate our lease agreement?

Asked on August 26, 2011 Massachusetts


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the law in your state or the written agreement that you have with your landlord requires providing you proof of escrowing your security deposit within thirty (30) days of your lease's entry, you need to read your state's statute for your remedy if there is a failure by your landlord to do such.

Your landlord's refusal to do what seems to be required of him as to providing you proof of his escrowing your security deposit appears to be a material aspect of the lease that you have with him and such failure would appear to be a material breach of the agreement warranting you to rescind (cancel) it if you desire.

You should read the terms of your written lease with the landlord to see if this failure by the landlord warrants you to terminate the lease.

If there is legal aid in your community, you should consult with this organization about the situation you are in with your landlord.

Good luck. 

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