INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

§ 15B

Citation
§ 15B
Parent Document
Karaa v. Kuk Yim, 86 Mass. App. Ct. 714 (2014)
Jurisdiction
Massachusetts (state)
Effective Date
2014-12-05
Original Source
https://www.courtlistener.com/opinion/2757954/karaa-v-kuk-yim/ ↗

Other Sections in This Document (303)

Full Text

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Rosenthal, this court took the opposite approach, stating that
"the burden of proving that the landlord had not made a
commercially reasonable lease, i.e., had not been diligent in
obtaining a reasonably fair rent, fell on the tenants." 33
Mass. App. Ct. 219, 224-225 (1992). The case cited by the trial
judge, McKenna v. Commissioner of Mental Health, addresses the
burden of proof issue only in the context of labor and
employment. 347 Mass. 674, 676 (1964). For further discussion
of the uncertainty in the case law, see Daher & Chopp, Landlord
and Tenant Law § 15:27, at 231-232 (3d ed. 2000); Warshaw,
Massachusetts Landlord-Tenant Law § 6:10 (2d ed. 2001 & Supp.
2014).
                                                                    11 the Karaas, who failed to place the security deposit in a