Section 15B

Citation: Section 15B
Parent Document: Hampshire Village Associates v. District Court of Hampshire, 408 N.E.2d 830 (1980)
Jurisdiction: Massachusetts (state)
Effective Date: 1980-07-15
Original Source: https://www.courtlistener.com/opinion/2240621/hampshire-village-associates-v-... ↗

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There is elaborate regulation of the handling of a deposit upon transfer by the landlord of his interest in the premises. At (5). A landlord is bound to return the deposit to a tenant within thirty days after termination of occupancy, deducting only unpaid rent, any unpaid increase in real estate taxes chargeable to the tenant under an escalation clause, and a reasonable amount necessary to repair damages by the tenant (reasonable wear and tear ex-eluded), the damage and repairs to be itemized under oath, and cost of repairs to be supported by evidence such as estimates and bills. At (4). Finally, stated violations of § 15B result in forfeiture of the landlord’s right to retain any portion of the security deposit, or, in any action by a tenant to recover a deposit, to counterclaim for damage to the premises. At (6). And three of these violations — failure to place the deposit in a bank account, to transfer the deposit to a successor in interest, or to return the deposit or balance timely to the tenant on termination of tenancy — fall to the treble damage provision quoted above. At (7). Of § 15B it is said that “[b]y limiting the freedom of landlords and tenants to contract in this regard [as to security deposits], the Legislature manifested a concern for the welfare of *153

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