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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Castenholz v. Caira, 490 N.E.2d 494 (1986)

Citation
Castenholz v. Caira, 490 N.E.2d 494 (1986)
Parent Document
Castenholz v. Caira, 490 N.E.2d 494 (1986)
Jurisdiction
Massachusetts (state)
Effective Date
1986-03-28

Other Sections in This Document (60)

Full Text

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The relevant portions of subsection (3) (a) state that “[a]ny security deposit received by the [the landlord] shall be held in a separate, interest-bearing account in a bank .... A receipt shall be given to the tenant within thirty days after such deposit is received by the [landlord] which receipt shall indicate . . . the bank ... the amount and account number of said deposit. Failure to comply with this paragraph [i.e., par. (a)] shall entitle the tenant to immediate return of the security deposit.” Subsection (3) (a) thus imposes two duties on the landlord: first, to establish the escrow account, and, second, to furnish the tenant with a conforming receipt, both within a thirty-day period measured from receipt of the security deposit. Failure to conform with either duty represents a failure to comply with the paragraph and thus entitles the tenant to “immediate return of the security deposit.”