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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II. Remand. On remand, the first issue the judge considered was what day the tenant vacated the premises. The judge initially found that the tenant remained in possession of the premises beyond the date of the expiration of his lease (August 31, 2007) and remained in possession of the premises at least until September 1, 2007, that the landlord’s check for $871.67 was mailed on October 1, 2007, thirty days later, and that it was received by the tenant on October 2, 2007. The judge concluded that “a security deposit is properly ‘returned’ within the thirty days required by the statute if the landlord deposits in the mail within thirty days a check covering the amount of the deposit.” On the basis of this conclusion, the judge’s order trebled only *108the amount that he concluded was wrongly withheld, $613.14. The judge also deducted use and occupancy rent for September 1, 2007, under G. L. c. 186, § 3, which establishes liability for rent from “tenants at sufferance,” to which he added five percent interest.

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