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We think, then, that the Castenholz framework is inapplicable to a landlord’s failure to return the tenant’s security deposit within the specified thirty days. The statutory obligation to return the deposit is clear, as is the time within...
return of the portion to which he or she is entitled at the end of the tenancy. Our cases involving the security deposit statute
that though a tenant may be entitled to return of a security deposit due to his landlord's noncompliance with subsection
return of their security deposit, see Castenholz, supra at 764; Young v. Patukonis, 24 Mass. App. Ct. 907, 909 (1987), the
deposit such funds in an account as required by subsection (3) 13 . . . [or] (e) fails to return to the tenant the security
...186, § 15B(7), for failure to return a security deposit to a tenant as required by § 15B(6)(e) arises when the landlord 'fails to return to the tenant the security deposit . . . within thirty days after termination of the tenancy...
there has been compliance with this clause by the successor in interest; or (c) the security deposit has been returned to the tenant.” 6
...Is a lessor, who withholds the return of a security deposit taken under the provisions of G. L. c. 186S15B, after giving the required notice of such withholding and who is subsequently held to be liable to return all of...
The landlord moved for reconsideration, contending that the judge had overlooked the dispute of fact regarding whether Traynor had called Slater and offered to return his security deposit to him at the management office. After a hearing, the judge ruled...
Second, the statute provides that the security deposit must be *417returned within thirty days unless the landlord makes a valid deduction or has some other statutorily permissible reason for delay or partial return.13 See G. L. c. 186, § 15B...
...will or the end of the tenancy as specified in a valid written lease agreement, return to the tenant the security deposit or any balance thereof; provided, however, that the lessor may deduct from such security deposit for the following: . . . .”
...186, § 15B (7), provides in pertinent part: “If the lessor or his agent fails [to return to the tenant the security deposit within thirty days] the tenant shall be awarded damages in an amount equal to three times the amount...
9 The landlord also returned the tenant's security deposit plus interest notwithstanding that the tenant remained in the property. This is not an issue on appeal.
month's rent as compensation for the early termination. The Karaas returned the security deposit five months after the termination of the lease, shortly before bringing suit for
receiving the complaint, the landlord returned to the tenant the balance of the security deposit. Ibid. The trial judge declined to award treble damages but this court reversed,
...Is a lessor, who withholds the return of a security deposit taken under the provisions of G.L.c. 186 S 15B, after giving the required notice of such withholding and who is subsequently held to be liable to return...
The tenant sought return of the security deposit (and a key deposit which is not in issue here); claimed a right to a *206
...186, § 15B (7), or is said landlord merely liable for the return of the security deposit pursuant to G. L. c. 186, § 15B (3) (a).”
...and ensuring that a tenant actually receives a security deposit within thirty days of moving out might have been consistent with the legislative determination that failure to timely return security deposits is a serious and deeply entrenched problem warranting the...
...Failure to comply with this paragraph shall entitle the tenant to immediate return of the security deposit." (Emphasis added.) 6 General Laws c. 186, § 15B (3) (b), requires that "[a] lessor of residential real property who holds a security deposit...