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Damage from Tenant before Foreclosure

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Old May 24th, 2008, 10:17 PM     #1
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Default Damage from Tenant before Foreclosure

In Massachusetts, can a tenant not be charged for damages to a rental property if the landlord is foreclosing on the mortgage and losing the house? There are a few damages that the tenant should pay for out of the security deposit, but if the damages will not be repaired before the foreclosure, can the tenant be charged for the damages?
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Old May 25th, 2008, 05:34 PM     #2
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Default Re: Damage from Tenant before Foreclosure

If the tenant did damage and it can be documented, he should be charged for the damges from his deposit. You should make an attempt to repair prior to the foreclosure so that the deductions are legitimate, and so the bank gets the property back in good shape. Unless you have already received notice of the foreclosure sale, there should be time to make repairs. If you have no intention of making any repairs, why would you charge the deposit?
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