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)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
- Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
Full Text
2,106 charsThe Act draws a plain distinction between two materially different events: termination of the tenancy, as specified by the lease, on the one hand, and the termination of the occupancy, as in the holdover situation or tenancy-at-sufferance (or tenancy-at-will), on the other hand. See G. L. c. 186, § 15B(4), (6)(b), & (6)0?). The termination of the tenancy is typically a straightforward situation where both the residential tenant and landlord can predict with certainty the time line from which their corresponding rights and obligations under the Act accrue. By contrast, the termination of a holdover tenant’s occupancy can be (as here) an unsettled circumstance, which may allow for some measure of doubt in the minds of the landlord and tenant, as to when certain obligations, including but not limited to the “return” of the security deposit, must be accomplished. That is why implicitly the Act requires the imposition of treble damages for a landlord’s failure to return the deposit, only in the context of the former event, i.e., within thirty days after “termination of the tenancy,” under the combined provisions of § 15B(6)(e) and (7), as opposed to the end or termination of the occupancy of the holdover tenant, see § 15B(4), providing that the lessor “shall, within thirty days after the termination of occupancy under a tenancy-at-will . . . return to the tenant the security deposit or any balance thereof.” A tenant who holds over in effect becomes by law a tenant-at-sufferance. The instant case falls into the latter category for which treble damages are not authorized under § 15B(7) for a landlord’s late return of deposit funds. Belatedly, as involved here, a residential landlord’s failure to comply with the specific documentary and accounting requirements, mandated by § 15B(4)(iii) and (6)(6), does not, in and of itself, constitute an act on which treble damages may *121be based under § 15B(7). Section 15B(7) authorizes multiple damages if, and only if, the landlord (or agent) runs afoul of § 15B(7)(a), (d), or (e), none of which is implicated in the present controversy.12