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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

BRANDA PEEBLES & Another v. JRK PROPERTY HOLDINGS, INC., & others. (2025)

Citation
BRANDA PEEBLES & Another v. JRK PROPERTY HOLDINGS, INC., & others. (2025)
Parent Document
BRANDA PEEBLES & Another v. JRK PROPERTY HOLDINGS, INC., & others. (2025)
Jurisdiction
Massachusetts (state)
Effective Date
2025-08-01

Other Sections in This Document (49)

Full Text

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DEWAR, J.  The Legislature has enacted detailed provisions governing the circumstances under which a lessor of residential property may deduct charges from a tenant's security deposit at the conclusion of the tenancy.  See G. L. c. 186, § 15B.  As most relevant here, if the lessor follows various required procedures, the lessor may deduct a "reasonable amount necessary to repair any damage caused to the dwelling unit by the tenant . . . , reasonable wear and tear excluded."  G. L. c. 186, § 15B (4) (iii).  The named plaintiffs in this putative class action pending in the United States District Court for the District of Massachusetts are former tenants of apartments owned and managed by the defendants.  The plaintiffs claim that the defendants have violated G. L. c. 186, § 15B (4) (iii), by routinely deducting from tenants' security deposits charges for "reasonable wear and tear."  The Federal court has certified two questions to this court under S.J.C. Rule 1:03, as appearing in 382 Mass. 700 (1981):