Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)

Citation: Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
Parent Document: Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
Jurisdiction: Massachusetts (state)
Effective Date: 2012-07-09
Original Source: https://www.courtlistener.com/opinion/6589791/taylor-v-beaudry/ ↗

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By mail postmarked October 1, 2007, the landlord sent to the tenant a check for $871.67, also dated October 1, together with an undated letter explaining that the check covered the security deposit plus accrued interest of $109.81, minus $613.14 for “damage that cannot be attributed to normal wear and tear” and for cleaning costs incurred as a result of an alleged violation of the lease agreement. It is uncontested that the landlord failed to comply with the terms of G. L. c. 186, § 15B(4)(iii), in that he failed both to sign the list of claimed damages under the pains and penalties of perjury and to provide the required written evidence of the estimated or actual cost of repairing the damage. Further, while we need not decide the issue, the deductions for cleaning costs incurred as a result of a breach of the lease may not be permitted by the statute which, as relevant here, provides that “[n]o deduction may be made from the security deposit for any purpose other than” “a reasonable amount necessary to repair any damage caused to the dwelling unit by the tenant or any person under the tenant’s control or on the premises with the tenant’s consent, reasonable wear and tear excluded.” G. L. c. 186, § 15B(4)(iii), as amended by St. 1984, c. 474.

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