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... ↗

Full Text

1,203 chars

This lease provision conflicts with G. L. c. 186, § 15B (4).  The provision states that, if an apartment is not returned in "professionally cleaned" condition, deductions for painting, carpet cleaning, and cleaning or replacement of various other items "will be applied," without any apparent allowance for reasonable wear and tear on the apartment over the course of the tenant's occupancy.  Underscoring the lack of allowance for reasonable wear and tear, the addendum further specifies that the listed cleaning and replacement charges "will be assessed regardless of how long [a] resident occupies the apartment."  Yet G. L. c. 186, § 15B (4) (iii), permits a deduction for repairs only if, among other prerequisites, the damage to be repaired is not "reasonable wear and tear," and the statute forbids deductions from the security deposit "for any purpose other than those set forth in this section," G. L. c. 186, § 15B (4).  The lease provision thus conflicts with the statute, because it provides for security deposit deductions for repairs such as painting or carpet replacement that may, depending on the circumstances, be repairs of reasonable wear and tear.  See Goes, 8 Mass. App. Ct. at 86.

Other Sections in This Document (49)

Full Text