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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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Section 15B

Mass. Gen. Laws ch. 186 § 15B Massachusetts state

...of intention to terminate the tenancy, the premises for the purpose of determining the amount of damage, if any, to the premises which would be cause for deduction from any security deposit held by the lessor pursuant to this section.

Section 15B

Mass. Gen. Laws ch. 186 § 15B Massachusetts state

(d) No lessor or successor in interest shall at any time subsequent to the commencement of a tenancy demand rent in advance in excess of the current month's rent or a security deposit in excess of the amount allowed...

Section 15B

Mass. Gen. Laws ch. 186 § 15B Massachusetts state

...No amount shall be deducted from the security deposit for any damage to the dwelling unit which was listed in the separate written statement of the present condition of the premises which was required to be given to the tenant...

Section 15B

Mass. Gen. Laws ch. 186 § 15B Massachusetts state

(7) If the lessor or his agent fails to comply with clauses (a), (d), or (e) of subsection 6, the tenant shall be awarded damages in an amount equal to three times the amount of such security deposit or balance...

Section 15B

Mass. Gen. Laws ch. 186 § 15B Massachusetts state

...available for inspection by a tenant or prospective tenant, said tenant or prospective tenant shall be entitled to the immediate return of any amount paid in the form of a security deposit together with any interest which has accrued thereon.

Section 5

Mass. Gen. Laws ch. 239 § 5 Massachusetts state

...in the penal sum of $100, with surety or sureties as approved by the court, or secured by cash or its equivalent deposited with the clerk, conditioned to satisfy any judgment for costs which may be entered against the appellant...

Section 15

Mass. Gen. Laws ch. 239 § 15 Massachusetts state

...a nonprofit entity administering such program, using public funds, on behalf of the executive office, a municipality or a federal agency to cure rent arrearage or provide financial assistance for moving cost assistance, including the payment of a security deposit.

Section 22

Mass. Gen. Laws ch. 186 § 22 Massachusetts state

...If the tenant does not pay the bill, the landlord may deduct the amount of the bill from any security deposit paid by the tenant in accordance with section 15B of chapter 186, prior to returning the balance of the...

Section 24

Mass. Gen. Laws ch. 186 § 24 Massachusetts state

...The tenant or co-tenant shall receive a full and specific statement of the basis for retaining any of the security deposit together with any refund due in compliance with section 15B within 30 days of the conclusion of the...

Section 5

Mass. Gen. Laws ch. 239 § 5 Massachusetts state

...The court shall waive the requirement of the bond or security if it is satisfied that the person requesting the waiver has any defense which is not frivolous and is indigent as provided in said section 27A of said chapter...

Section 15B

Mass. Gen. Laws ch. 186 § 15B Massachusetts state

...this list, within the specified time period, a court may later view your failure to return the list as your agreement that the list is complete and correct in any suit which you may bring to recover the security deposit.''

Section 5

Mass. Gen. Laws ch. 239 § 5 Massachusetts state

...court orders, payable to the plaintiff, with sufficient surety or sureties approved by the court, or secured by cash or its equivalent deposited with the clerk, in a reasonable amount to be fixed by the court. In an appeal from...

§ 15B

Karaa v. Kuk Yim, 86 Mass. App. Ct. 714 (2014) Massachusetts state

their right to retain the security deposit "for any reason," including the use of the security deposit as an offset for unpaid rent. G. L. c. 186, § 15B(6)(a). The tenants argue that by holding onto the security deposit

Meikle v. Nurse (2016)

Meikle v. Nurse (2016) Massachusetts state

all but the security deposit claim, ruling that his failure to provide Nurse with an acceptance receipt, a bank deposit receipt, and the interest earned from the security deposit

§ 15B

Karaa v. Kuk Yim, 86 Mass. App. Ct. 714 (2014) Massachusetts state

security deposit as compensation for their own breach of the lease, a landlord's failure to return the security deposit

§ 2

Karaa v. Kuk Yim, 86 Mass. App. Ct. 714 (2014) Massachusetts state

any portion of the security deposit for any reason, or, in any action by a tenant to recover a security deposit, to

Meikle v. Nurse, 474 Mass. 207 (2016)

Meikle v. Nurse, 474 Mass. 207 (2016) Massachusetts state

all but the security deposit claim, ruling that his failure to provide Nurse with an acceptance receipt, a bank deposit receipt, and the interest earned from the security deposit

§ 15B

Karaa v. Kuk Yim, 86 Mass. App. Ct. 714 (2014) Massachusetts state

landlord must return the security deposit, as was done here, prior to the tenant's resort to litigation. The security deposit law was designed to afford "a wronged

§ 15B

Karaa v. Kuk Yim, 86 Mass. App. Ct. 714 (2014) Massachusetts state

c. 93A. The $4,300 security deposit together with interest at twelve percent was returned to the tenants prior to the commencement of litigation. The security deposit also was

Neihaus v. Maxwell, 54 Mass. App. Ct. 558 (2002)

Neihaus v. Maxwell, 54 Mass. App. Ct. 558 (2002) Massachusetts state

...Hunneman deposited that money into its “Security Deposit Account,” a single account at a Massachusetts bank, in which Hunneman held security deposits and last months’ rents for all of Hunneman’s residential landlord clients.