Mellor v. Berman, 390 Mass. 275 (1983)

Citation: Mellor v. Berman, 390 Mass. 275 (1983)
Parent Document: Mellor v. Berman, 390 Mass. 275 (1983)
Jurisdiction: Massachusetts (state)
Effective Date: 1983-10-03
Original Source: https://www.courtlistener.com/opinion/6575926/mellor-v-berman/ ↗

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The lessor made a motion to have the judgment reduced to actual damages in the absence of any bad faith on her part. The tenants moved for treble damages. Relying on Friedman v. Costello, 10 Mass. App. Ct. 931 (1980), the judge concluded that the amendment of § 15B (7) by St. 1977, c. 979, increasing damages from double to treble damages, applied to any security deposit being held on and after September 1,1978. He rejected the lessor’s contention that multiple damages applied only to situations where there were findings of bad faith on the part of the landlord. Accordingly, the judge amended judgment for the plaintiffs by trebling the damages to the amount of $640.68. The amount of interest on the security deposit remained the same. The judge also ordered interest on the judgment to be added to the damages, pursuant to G. L. c. 231, § 6C, and costs and attorney’s fees in the amount of $750. The lessor appealed the decision of the judge, which the Appeals Court affirmed.5 See Mellor v. Berman, 13 Mass. App. Ct. 983, 984 (1982).

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