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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Taylor v. Beaudry, 75 Mass. App. Ct. 411 (2009)

Citation
Taylor v. Beaudry, 75 Mass. App. Ct. 411 (2009)
Parent Document
Taylor v. Beaudry, 75 Mass. App. Ct. 411 (2009)
Jurisdiction
Massachusetts (state)
Effective Date
2009-10-15

Full Text

734 chars
At some point shortly after receiving the complaint, the landlord returned to the tenant the balance of the security deposit. The record is not entirely clear when the return occurred,3 but even in the light most favorable to the landlord, the record is *413clear that he did not return the balance within thirty days following termination of the tenancy. After returning the balance, the landlord sought dismissal of the complaint under what he claimed was the authority of Castenholz v. Caira, 21 Mass. App. Ct. 758 (1986). A hearing followed after which the judge agreed with the landlord and ordered the complaint dismissed, later denying the tenant’s motion for reconsideration. The tenant appeals from the judgment of dismissal.