Form 6 Deposit Required Tenant (June 2017) If 45 days have passed and you haven`t heard from your landlord, use this letter to ask them to return your money plus interest. Court: You can also make your application through the court system. For claims under $7,000, Small Claims Court is the most cost-effective option. Larger claims may be more appropriate for the District Court or the Supreme Court. You should seek legal advice on all claims. To comply with your legal obligations, include the following information in your 30-day complaint letter: Mediation: This allows both parties to find a mutually acceptable solution with the help of a facilitator. Mediation is voluntary and requires the consent of both parties. You can request mediation through your local consumer group affiliated with the Attorney General`s Office. You must send a 30-day letter of claim, regardless of which court you wish to use (housing, small claims, etc.). You do not need to send this letter if the dealership does not have a place of business or holds assets in Massachusetts. You also do not need to send this letter if you are making the claim in a counterclaim or counterclaim response against a merchant who is taking legal action against you. Although not required by law, the 30-day request letter must be sent by registered mail with acknowledgment of receipt so that you have proof of delivery.
Also mail the letter and keep a copy for your records. See the sample letter below. A company`s unfair or deceptive practices may be a violation of Massachusetts Consumer Protection Act. State law requires that you send a letter to the company 30 days before filing a complaint in court. The letter should describe your complaint, the damage you have suffered, and how you want the problem resolved. This is called a 30-day claim letter. The company must respond in good faith within 30 days, or it could recover triple the damages and attorneys` fees. Booklet 2 Housing Code Checklist (June 2017) An easy-to-use checklist that tells you what the minimum legal requirements are for rental housing under the State Health Code.
Take your time to walk around the apartment with the condition statement. Use this booklet to understand what the law requires. In this process, an outsider who is not on your side or the company will both help you find a solution that you accept. Mediation is voluntary. You and the company must want to do it. You can request mediation through your local consumer group. This group is linked to the Office of the Prosecutor General. Form 5 Letter of Demand of Deposit (June 2017) If your landlord does not comply with the law, you can ask him to refund your deposit, even if you still live in the apartment.
Form 4 Deposit Rent receipt for recent months (June 2017) You can also sue the business in court. You can only sue if: Form 3 Statement of Conditions (June 2017) If your landlord doesn`t give you a declaration of condition within 10 days of the day you moved in, use this form to write yours. If the claim is less than $7,000, Small Claims Court is the most cost-effective option. Claims over $7,000 may be better suited to the district court or Supreme Court. Give your landlord the option to refund your deposit without having to go to court. The court may also conclude that the merchant`s violation of the Consumer Protection Act was “intentional or conscious” or that the merchant`s refusal to enter into an agreement with you was in bad faith. In either case, you can get between two and three times your actual damages, or $25, whichever is greater. If the merchant has never made you an unreasonable offer to settle, the court may rule in your favour. You may then be able to claim your actual financial loss or $25, whichever is greater.
If you and a company can`t agree on your own, you have several options. Once you have sent your 30-day inquiry letter, the company has thirty days to respond in writing. You will then have to decide whether you want to decline or accept an offer. If you reject an offer that the court later deems appropriate, the court may limit the amount of money you can receive. The court may limit your recovery to the amount initially offered to you by the merchant. If the court rules in your favour, you are entitled to reasonable attorneys` fees and costs. However, the court cannot award you legal fees if you initially rejected a reasonable settlement offer.