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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Neihaus v. Maxwell, 54 Mass. App. Ct. 558 (2002)

Citation
Neihaus v. Maxwell, 54 Mass. App. Ct. 558 (2002)
Parent Document
Neihaus v. Maxwell, 54 Mass. App. Ct. 558 (2002)
Jurisdiction
Massachusetts (state)
Effective Date
2002-04-24

Full Text

924 chars
Although the Maxwells remained in possession after the expiration of the lease and paid rent for August, they failed to make a monthly rent payment for September, 1998. Hunneman, therefore, withdrew the last month’s rent from the Security *560Deposit Account and used it as payment for the Maxwells’ use and occupancy of the property during September. The following month, by court order, the Maxwells made a rent payment of $2,450 for October, as a condition of obtaining a continuance of the summary process trial. On October 22, 1998, the judge ordered that judgment for possession of the property enter for Neihaus; he ruled against the Maxwells on their counterclaims; and he required Neihaus to return the Maxwells’ security deposit with interest and to pay the Maxwells interest on the last month’s rent that they had advanced at the inception of the lease. It is undisputed that Neihaus promptly made these payments.