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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General Laws c. 186, § 15B (4), concludes by stating:  "No deduction may be made from the security deposit for any purpose other than those set forth in this section."  The statute elsewhere provides that "[t]he lessor shall forfeit his right to retain any portion of the security deposit for any reason . . . if he," among other violations, "fails to furnish to the tenant within thirty days after the termination of occupancy the itemized list of damages, if any, in compliance with the provisions of this section," or "fails to return to the tenant the security deposit or balance thereof to which the tenant is entitled . . . within thirty days after termination of the tenancy."  G. L. c. 186, § 15B (6) (b), (e).  The statute also prescribes forfeiture of the right to retain any portion of the security deposit if a lessor "uses in any lease signed by the tenant any provision which conflicts with any provision of this section and attempts to enforce such provision or attempts to obtain from the tenant or prospective tenant a waiver of any provision of this section."  G. L. c. 186, § 15B (6) (c).  And the statute provides that "[a]ny provision of a lease which conflicts with any provision of this section . . . shall be deemed to be against public policy and therefore void and unenforceable."  G. L. c. 186, § 15B (8).

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