PHOEBE FLEMMING v. GREYSTAR MANAGEMENT SERVICES, L.P., 177 N.E.3d 1244 (2021)

Citation: PHOEBE FLEMMING v. GREYSTAR MANAGEMENT SERVICES, L.P., 177 N.E.3d 1244 (2021)
Parent Document: PHOEBE FLEMMING v. GREYSTAR MANAGEMENT SERVICES, L.P., 177 N.E.3d 1244 (2021)
Jurisdiction: Massachusetts (state)
Effective Date: 2021-10-28
Original Source: https://www.courtlistener.com/opinion/10271968/phoebe-flemming-v-greystar-man... ↗

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This is not what the statute says, however. While § 15B (1) (b) strictly regulates what a landlord may charge a tenant "[a]t or prior to the commencement of any tenancy," once the tenancy has commenced, § 15B (1) (d) prohibits two things: the demanding of (1) "rent in advance in excess of the current month's rent" and (2) "a security deposit in excess of the amount allowed by this section," i.e., the amount of the first month's rent. Flemming does not claim that Greystar ever sought to collect either rent in advance of the current month's rent or an additional security deposit. Nor was the animal rent charged by Greystar equivalent to a security deposit "paid over time," as Flemming argues. The animal rent was not a deposit intended to secure performance to keep the apartment free from damage. Rather, it was additional rent, which Flemming agreed to pay, in exchange for the right to keep dogs in the apartment.

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