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MA H1654

MA H1654
Requiring the use of escrow accounts during rent disputes


summary

Introduced
01/20/2015
In Committee
01/20/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

Relative to requiring the use of escrow accounts during rent disputes. The Judiciary.

AI Summary

This bill, concerning rent disputes, amends existing law to require tenants to deposit all rent due into an escrow account with the court clerk when raising claims about the condition of their rental property or the services provided. To be eligible for relief, tenants must have notified their landlord in writing of these conditions before falling behind on rent, and the landlord must not be able to prove the tenant caused the issues. This provision does not apply to hotels, motels, or lodging houses where occupancy is less than three consecutive months, nor if the conditions cannot be fixed without the tenant vacating, unless the tenant is temporarily vacating for lead paint remediation or applying rent as allowed by law. If the court finds these tenant requirements are met, it will hold the deposited rent and, after a hearing, pay the landlord the fair value of the rent owed, potentially deducting any amount awarded to the tenant for their claims. The court can also direct these funds be used for repairs, and any remaining balance will be returned to the landlord once all court-ordered corrections are made.

Committee Categories

Justice

Sponsors (6)

Last Action

Accompanied a study order, see H4625 (on 09/22/2016)

bill text


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