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
Original Source: https://www.courtlistener.com/opinion/10646213/branda-peebles-another-v-jrk-p... ↗

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To make a security deposit deduction for repairs, the lessor is required to provide to the tenant, within thirty days of the end of the occupancy, "an itemized list of damages, sworn to by the lessor or his agent under pains and penalties of perjury, itemizing in precise detail the nature of the damage and of the repairs necessary to correct such damage, and written evidence, such as estimates, bills, invoices or receipts, indicating the actual or estimated cost thereof."  G. L. c. 186, § 15B (4) (iii).  Except in the case of "renewed damage" by a tenant following a repair, no deduction may be made for damage "listed in the separate written statement of the present condition of the premises . . . required to be given to the tenant prior to the execution of the lease."  Id., citing G. L. c. 186, § 15B (2) (c).  The statute cautions that it does not limit a lessor's right to recover damages from a tenant if the tenant "wilfully or maliciously destroys or damages the [lessor's] real or personal property" and the cost of the resulting repairs "exceeds the amount of [the] security deposit."  G. L. c. 186, § 15B (4) (iii).

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