Security Deposit Law Reverses Evictions?

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There have recently been two decisions pertaining to security deposit law, one headed for the SJC on appeal. A part of some statute somewhere has been taken to mean that the landlord can't complete their eviction if they owe the tenant money for any reason. A security deposit violation and triple damages can easily wipe away a landlord's eviction case, whether for no cause, non-payment, or anything else.

We cannot find the section of the law around which these cases revolve. The law concerning rent withholding allows for the court to stop an eviction if the premises are uninhabitable, and the landlord owes the tenant money for that reason, but otherwise we aren't sure of the basis for these security deposit decisions.

Suffice it to say you should be concerned if you take security deposits. Read the security deposit law for yourself and make sure you're playing by the book.

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