SENATE, No. 768

By Mr. Moore, a petition (accompanied by bill, Senate, No. 768) of Richard T. Moore for legislation relative to security deposits related to residentia lreal property. Housing.
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The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Seven.


AN ACT relative to security deposits related to residential real property

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. Section 15B of chapter 186 of the general laws as most recently appearing in the 2002 Official Edition, is hereby amended in subsection 3 (a) by striking out the last sentence and inserting in place thereof, the following sentence:

Willful failure to comply with this paragraph shall entitle the tenant to the immediate return of the security deposit.  For purposes of this subsection, “willful failure” shall mean that if, upon request for return of the security deposit in accordance with the provisions of this paragraph, the lessor is unable or unwilling to provide forthwith documented proof of compliance with this paragraph, the tenant shall be entitled to immediate return of the security deposit.