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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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) 5.
Parent Document
JACOB SLATER & another v. TRAYNOR MANAGEMENT, INC., & another., 101 Mass. App. Ct. 705 (2022)
Jurisdiction
Massachusetts (state)
Effective Date
2022-09-16

Other Sections in This Document (74)

Full Text

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5. Appellate attorney's fees. The tenants, citing the attorney's fees provision of the security deposit statute, G. L. c. 186, § 15B (7), have requested an award of their appellate attorney's fees and costs. We allow that request. See Mellor v. Berman, 390 Mass. 275, 284 (1983). See also Yorke Mgt. v. Castro, 406 Mass. 17, 19 (1989) (language in G. L. c. 186 and G. L. c. 93A making "provisions for a 'reasonable attorney's fee' would ring hollow if it did not necessarily include a fee for the appeal"). The tenants are invited to file a verified and itemized application for such fees and costs within fourteen days of the date of this decision, and the landlord will have fourteen days thereafter in which to file any opposition to the amounts requested. See Fabre v. Walton, 441 Mass. 9, 10-11 (2004). Judgment affirmed. FOOTNOTES [Note 1] Nicholas Alessi. [Note 2] Westland Realty, LLC.