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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

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

Other Sections in This Document (67)

Full Text

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In response to a demand by the tenant, the landlord subsequently mailed the tenant the $613.14 of the deposit that he had initially failed to return. The very next day, however, the landlord initiated litigation, bringing suit in the small claims session of the Lowell Division of the District Court Department, seeking additional use and occupancy rent under G. L. c. 186, § 3, based on his claim that the tenant, who had lived in the apartment for almost four years, had vacated it one day late on September 1, 2007. The tenant subsequently filed the complaint in this matter, claiming that the landlord had not returned the deposit within thirty days after the tenancy’s end as required by G. L. c. 186, § 15B(6)(e), and that, having failed to follow the procedures set out in c. 186, § 15B(4)(iii), the landlord was not entitled to make any deductions from the deposit. See G. L. *107c. 186, § 15B(6)(¿>). Accordingly, the tenant sought a judgment for three times the total amount of the deposit, plus interest, costs, and reasonable attorney’s fees, pursuant to G. L. c. 186, § 15B(7).