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JACOB SLATER & another v. TRAYNOR MANAGEMENT, INC., & another., 101 Mass. App. Ct. 705 (2022)

Citation
JACOB SLATER & another v. TRAYNOR MANAGEMENT, INC., & another., 101 Mass. App. Ct. 705 (2022)
Parent Document
JACOB SLATER & another v. TRAYNOR MANAGEMENT, INC., & another., 101 Mass. App. Ct. 705 (2022)
Jurisdiction
Massachusetts (state)
Effective Date
2022-09-16

Other Sections in This Document (74)

Full Text

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[Note 13] The landlord asserted at the summary judgment hearing that there existed a genuine issue of fact regarding whether Alessi had demanded the return of the deposit before it was actually returned. At oral argument before us, however, the landlord conceded -- properly, given the Taylor decisions -- that if a security deposit has not been timely returned under G. L. c. 186, § 15B (4) and (6) (e), then § 15B (7) entitles a tenant to treble damages and attorney's fees even without making a demand. In this respect, § 15B (6) (e) differs from § 15B (6) (a), as interpreted in Castenholz v. Caira, 21 Mass. App. Ct. 758, 762-763 (1986). See Karaa v. Kuk Yim, 86 Mass. App. Ct. 714, 723 (2014); Taylor I, 75 Mass. App. Ct. at 414-416.