By Ms. Peisch of Wellesley, petition (accompanied by bill, House, No. 1277) of Alice Hanlon Peisch relative to security deposits.  Housing.

 

The Commonwealth of Massachusetts

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PETITION OF:

 


Alice Hanlon Peisch

 

 


 

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In the Year Two Thousand and Seven.

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 An Act relative to security deposits.  .

 

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


 

SECTION 1. 15B of Chapter 186 of the General Laws is hereby amended by inserting after subsection (6) (e) the following section: -

 

(f) Notwithstanding the provisions of any general or special law to the contrary, failure of the lessor or his agent to swear “under the pains and penalties of perjury” as required by subsection (4) (iii) of Section 15B of Chapter 186 of the General Laws will not, in and of itself, be sufficient to cause the lessor to forfeit his right to retain any portion of the security deposit, or, in any action by a tenant to recover a security deposit, to courterclaim for any damage to the premises.

 

SECTION 2. Subsection (7) of Section 15B of Chapter 186 of the General Laws is hereby amended by inserting after the first sentence the following: -

 

Failure of the lessor of his agent to swear “under the pains and penalties of perjury” as required by subsection (4) (iii) of Section 15B of Chapter 186 of the General Laws will not, in and of itself, be sufficient to require the awarding of any damages to the tenant.