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Where a Housing Court judge ruled in favor of a landlord in a summary process proceeding, the judgment must be vacated and a remand ordered because the tenant contested receipt of the notice to quit, yet the judge made no finding regarding whether she had actually received it. “Here, there was no evidence or finding ....
The plaintiff was required to pay a nonrefundable $500 fee when he submitted his application to rent a two-bedroom apartment. (DEPOSIT PHOTOS) A Superior Court judge has ruled that a prospective tenant could bring a putative class action against a landlord for charging an illegal, nonrefundable application fee even though the landlord had offered to ....
Where a Housing Court judge ruled in favor of the defendant tenants, that decision must be reversed because of the tenants’ failure to clean the property as agreed. “This appeal arises from a residential summary process action in the Housing Court. For the reasons we explain, we reverse the order granting the tenants' preliminary injunction ....
Where a complaint has been filed alleging that a $500 application fee charged by the defendant landlord violated the security deposit statute (G.L.c. 186, §15B), the landlord’s motion to dismiss should be denied, as the plaintiff has standing both individually and as class representative despite the fact that the landlord offered the plaintiff and the ....
The plaintiff was evicted from his two-bedroom apartment at 440 North Ave., in Haverhill. (OSAYM OMAR) In a decision that housing advocates claim undermines statutory protections afforded renters not represented by counsel, the Supreme Judicial Court has held that a landlord could enforce a tenant’s stipulation to vacate his apartment obtained in the course of ....