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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Eskandri v. Dills, 102 N.E.3d 1032 (2018)

Citation
Eskandri v. Dills, 102 N.E.3d 1032 (2018)
Parent Document
Eskandri v. Dills, 102 N.E.3d 1032 (2018)
Jurisdiction
Massachusetts (state)
Effective Date
2018-02-20

Full Text

909 chars
The tenant then filed suit under the Massachusetts security deposit statute, G. L. c. 186, § 15B, claiming that he was entitled to the return of his deposit, treble damages, and attorney's fees because the landlord did not sign her letter "under pains and penalties of perjury" as required by G. L. c. 186, § 15B(4)(iii), second sentence. The landlord counterclaimed for $3,910 in damages. On the tenant's motion for summary judgment, the judge concluded that, because the letter was not sworn to under pains and penalties of perjury, the landlord forfeited her right to retain the deposit and her right to bring counterclaims and was liable to the tenant for treble damages and attorney's fees. The judge thus ordered the dismissal of the landlord's counterclaims without prejudice and entry of judgment for the tenant in the amount of $4,800 plus attorney's fees, interest, and costs. The landlord appealed.