JACOB SLATER & another v. TRAYNOR MANAGEMENT, INC., & another., 101 Mass. App. Ct. 705 (2022)

Citation: JACOB SLATER & another v. TRAYNOR MANAGEMENT, INC., & another., 101 Mass. App. Ct. 705 (2022)
Parent Document: JACOB SLATER & another v. TRAYNOR MANAGEMENT, INC., & another., 101 Mass. App. Ct. 705 (2022)
Jurisdiction: Massachusetts (state)
Effective Date: 2022-09-16
Original Source: https://www.courtlistener.com/opinion/10271865/jacob-slater-another-v-traynor... ↗

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damages and attorney's fees. In Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012) (Taylor II) -- recounting our earlier decision in the same case, Taylor v. Beaudry, 75 Mass. App. Ct. 411 (2009) (Taylor I) -- we said: "the cause of action under G. L. c. 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.'" Taylor II, supra at 107, quoting Taylor I, supra at 415-416, quoting § 15B (6) (e). We added "that a subsequent, late payment of the security deposit by the landlord in response to a demand by the tenant does not entitle the landlord to dismissal of the tenant's complaint." Taylor II, supra. And we reiterated: "by its 'unambiguous' language the statute does not require landlords to return security deposits only when threatened with litigation. . . . Rather, [in Taylor I] we said that the statute requires landlords to follow its 'clear' terms and return security deposits within thirty days of the termination of tenancy or risk suits like this one for treble damages." [Note 13] Taylor II, supra at 111, quoting Taylor I, supra at 416. See Phillips v. Equity Residential Mgt., L.L.C., 478 Mass. 251, 259 (2017).

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