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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

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The issue the court addressed in Castenholz arose out of the loose fit between § 15B(6)(a) and § 15B(7). Section 15B(6)(a) simply says that a landlord forfeits the right to retain the security deposit if the landlord fails to deposit it as required by § 15B(3)(n). Section 15B(7) says that a landlord’s failure “to comply with” § 15B(6)(a) entitles the tenant to treble damages. The problem was that § 15B(6)(o), by stating no time by which the forfeited funds had to be returned to the tenant, thus established no means for determining whether the landlord’s “noncompliance” triggered the treble damages provision of § 15B(7).8