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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Showing 41–60 of 611 results

Huard v. Forest Street Housing, Inc., 316 N.E.2d 505 (1974)

Huard v. Forest Street Housing, Inc., 316 N.E.2d 505 (1974) Massachusetts state

The tenant appears to be entitled to recover the security deposit of $200. He claims, however, that he may recover treble damages under the liquidated damages provision of § 11 (a). Security deposits are generally regulated by G. L. c. 186...

Taylor v. Burke, 69 Mass. App. Ct. 77 (2007)

Taylor v. Burke, 69 Mass. App. Ct. 77 (2007) Massachusetts state

Subsection (3)(a) of this statute provides: “Any security deposit received by such lessor shall be held in a separate, interest-bearing account in a bank, located within the commonwealth under such terms as will place such deposit *78beyond the...

Section 15B

Castenholz v. Caira, 490 N.E.2d 494 (1986) Massachusetts state

“(6) The lessor shall forfeit his right to retain any portion of the security deposit for any reason, or, in any action by a tenant to recover a security deposit, to counterclaim for any damage to the premises if he...

Castenholz v. Caira, 490 N.E.2d 494 (1986)

Castenholz v. Caira, 490 N.E.2d 494 (1986) Massachusetts state

The relevant portions of subsection (3) (a) state that “[a]ny security deposit received by the [the landlord] shall be held in a separate, interest-bearing account in a bank .... A receipt shall be given to the tenant within thirty...

Meikle v. Nurse (2016)

Meikle v. Nurse (2016) Massachusetts state

...Failure to comply with this paragraph shall entitle the tenant to immediate return of the security deposit." (Emphasis added.) 6 General Laws c. 186, § 15B (3) (b), requires that "[a] lessor of residential real property who holds a security deposit...

§ 8A

Meikle v. Nurse (2016) Massachusetts state

Legislature views violations of the security deposit statute,

Taylor v. Beaudry, 75 Mass. App. Ct. 411 (2009)

Taylor v. Beaudry, 75 Mass. App. Ct. 411 (2009) Massachusetts state

...A receipt shall be given to the tenant within thirty days after such deposit is received by the lessor which receipt shall indicate the name and location of the bank in which the security deposit has been deposited and the...

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

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

...Failure to comply with this paragraph shall entitle the tenant to immediate return of the security deposit." (Emphasis added.) 6 General Laws c. 186, § 15B (3) (b), requires that "[a] lessor of residential real property who holds a security deposit...

§ 15B

Ryan v. Mary Ann Morse Healthcare Corp. (2019) Massachusetts state

the Legislature did not intend for ALRs to be subject to the security deposit statute. The plaintiff appealed. In May 2017, while the motion to dismiss was still pending, a different judge in the Superior Court concluded that the security...

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

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

"(iii) a security deposit equal to the first month's rent provided that such security deposit is deposited as required by subsection (3) and that the tenant is given the statement of condition as required by subsection (2); and,

§ 8A

Meikle v. Nurse (2016) Massachusetts state

such law. Indeed, the security deposit statute has no raison

§ 8A

Meikle v. Nurse (2016) Massachusetts state

of the security deposit statute. Also, even where the tenant

Taylor v. Burke, 69 Mass. App. Ct. 77 (2007)

Taylor v. Burke, 69 Mass. App. Ct. 77 (2007) Massachusetts state

Subsection (6) further provides: “The lessor shall forfeit his right to retain any portion of the security deposit for any reason, or, in any action by a tenant to recover a security deposit, to counterclaim for any damage to the...

§ 8A

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

Legislature views violations of the security deposit statute,

Goes v. Feldman, 391 N.E.2d 943 (1979)

Goes v. Feldman, 391 N.E.2d 943 (1979) Massachusetts state

dealt in detail with the rights and duties of parties to a lease of residential property so far as security deposits are concerned. By limiting the freedom of landlords and tenants to contract in this regard, the Legislature manifested a...

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

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

“The lessor shall forfeit his right to retain any portion of the security deposit for any reason, or, in any action by a tenant to recover a security deposit, to counterclaim for any damage to the premises if he: (a...

§ 8A

Meikle v. Nurse (2016) Massachusetts state

under G. L. c. 186, § 14). The security deposit statute is one

§ 15B

Ryan v. Mary Ann Morse Healthcare Corp. (2019) Massachusetts state

security deposit law. Accordingly, ALRs may institute upfront

§ 15B

Ryan v. Mary Ann Morse Healthcare Corp. (2019) Massachusetts state

b. Relevant statutes. i. The security deposit statute.

§ 12

Ryan v. Mary Ann Morse Healthcare Corp. (2019) Massachusetts state

passed after the security deposit statute, explicitly permits