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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Section 15B

Citation
Section 15B
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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By “resort to litigation,” the court meant something more than merely filing a complaint. The opinion noted that the Housing Court judge’s findings did “not indicate whether the plaintiff sought a return of his deposit prior to bringing this action.” Castenholz, 21 Mass. App. Ct. at 764. Still, it concluded that the “commencement of the action itself . . . operate[d] as a demand.” Ibid. Because the judge made “no finding of a tender promptly thereafter” and the landlords held firm to the position that the tenant had to sue a new owner of the premises to recoup the deposit, this court found that the landlords violated § 15B(6)(a) and were liable for treble damages, interest, costs, and fees under § 15B(7). Ibid. “[Wjhere the landlord refuses to return the deposit on demand,” § 15B(7) makes “remedy by litigation financially feasible, and thus efficacious.” Id. at 763.