Lopes v. Williams

2010 Mass. App. Div. 227
Massachusetts District Court, Appellate Division·Decided November 15, 2010·Published·Cited by 1 cases

Opinion

Hand, J.

In August, 2007, Tonia Williams (“Williams”) rented a home from Brendan Lopes (“Lopes”) and Tiffany Mendes (“Mendes”) (together, “landlords”). The relationship between Williams and her landlords eventually soured, and Lopes and Mendes brought a summary process action to evict Williams. The matter was tried, jury waived, on May 14, 2009. As of the trial date, Williams had vacated the rental property, rendering moot the issue of possession. While Lopes’ and Mendes’ summary process complaint alleged that Williams owed a balance of $565.00 on her security deposit, the landlords waived this claim before trial. The remaining issues before the trial judge were limited to Williams’ counterclaims for breach of warranty of habitability, breach of the covenant of quiet enjoyment, and violations of G.Lc. 186, §15B, the “security deposit law.” Before closing arguments, Williams filed requests for findings of fact and rulings of law pursuant to Mass. R. Civ. P., Rule 52(c).

After trial, the judge found substantially in favor of the landlords with respect to Williams’ security deposit claims, against Williams on her counterclaims for warranty of habitability and quiet enjoyment, and against the landlords for any other claims that the landlords had against Williams in the action. Rather than responding to Williams’ individual requests for findings and rulings, and as permitted under Mass. R. Civ. R, Rule 52(c), the trial judge issued a memorandum of decision outlining his findings on certain facts relevant to his decision on Williams’ security deposit claims, and the reasons for his rulings on those claims. As to Williams’ remaining counterclaims, the judge stated simply, “I find for no other claims or counterclaims for either party.” On appeal, Williams objects to the trial judge’s determination that only $1,465.00 of her payments to the landlords should be viewed as security deposit funds; argues that the judge erred in awarding Williams damages based on the landlords’ handling of her security deposit; and objects to the judge’s failure to rule specifically on her requests for rulings on her counterclaims. For the reasons set forth below, we affirm the judge’s determination that Williams’ security deposit was limited to $1,465.00; otherwise, we vacate the trial court’s decision on Williams’ security deposit claims, and order judgment for Williams in the amount of $4,395.00 on those claims, with interest.2 Williams is entitled to her reasonable attorney’s fees on this counterclaim. We return the case to the trial court for a determination of those fees, and a new trial on Williams’ counterclaims for breach of warranty of habitability, failure to provide utilities, and breach of covenants of quiet enjoyment.

Turning to the record before us, we review the facts found by the trial judge for clear error, giving due regard to the trial judge’s ability to determine the weight and credibility of the evidence presented. Mass. R. Civ. E, Rule 52(c). See, e.g., 31-35, LLC v. Zucco, 2008 Mass. App. Div. 14. The facts, as found by the judge and supplemented as necessary from the undisputed evidence included in the record before us, follow.

[229]*229On August 2, 2007, Williams signed a one-year lease with Lopes and Mendes for a property at 102 Parson’s Lane in Waquoit, Massachusetts (“property”).3 The total monthly rent was $1,465.00; of that amount, the Housing Assistance Corporation (“HAC”) was responsible for $1,193.00 of each month’s rent, and Williams was responsible for paying $272.00 per month.4 Lopes and Mendes were not experienced landlords and had little, if any, familiarity with the strict legal standards applicable to landlord-tenant relations. In addition to the rental obligation, Lopes and Mendes required Williams to provide them with a security deposit of $1,465.00.5

Between August 2, 2007 and October 2, 2007, Williams made four separate payments to Lopes and Mendes. These payments kept Williams’ rent current, and included payment of $1,565.00 above the amount of her rent. Williams intended this overage to be allocated to her security deposit obligation.6 As the trial judge found, both parties were “confused” as to which portions of Williams’ payments during this period would be credited to security deposit and which portion credited to the rent. The landlords did not provide Williams with any statement of conditions for the properly.

On August 10, 2007, the landlords opened an interest-bearing personal savings account in the name of Tiffany Mendes into which they deposited $900.00 of Williams’ total security deposit payments. It is undisputed that the landlords did not provide Williams with documentation of the name or location of the bank in which the security deposit funds were held, or with proof of the amounts of money deposited in that account, as they were required to do under G.L.c. 186, §15B.

On December 15, 2008, Lopes and Mendes served Williams with a summary process summons and complaint, alleging that Williams was in arrears on “rent/security” in the amount of $2,050.00. Williams filed a timely answer. Among Williams’ counterclaims against Lopes and Mendes was a claim for violations of G.L.c. 186, §15B, governing the handling of security deposits.

Williams vacated the property no later than March 22, 2009. Williams paid her required share of the rent in full for March, 2009. HAC paid $411.93 for March, 2009, representing HAC’s determination of what it owed toward its prorated obligation on Williams’ rent for that month. On the record before us, the landlords did not return Williams’ security deposit, or any part of it, to Williams within 30 days of the termination of her tenancy.

1. Williams’ first argument on appeal is that the trial court committed a factual [230]*230error in its finding that, as of October 2, 2007, Williams had paid a security deposit of $1,465.00. We find no error on this point. Williams had, in fact, paid $1,535.00 over her rent obligations by August 2, and had intended that all such payment be credited toward the security deposit. Both the terms of the lease and the provisions of G.L.C. 186, §158(1) (b) (iii), however, limited the security deposit to the amount of a single month’s rent: $1,465.00. The trial courfs finding that Williams paid $1,465.00 toward her security deposit was correct. Williams’ additional $70.00 overpayment was creditable toward her rent payments.

2. Williams next argues that the trial court erred in failing to find that the landlords’ mishandling of her security deposit entitled her, under G.L.c. 186, §15B, the “security deposit law,” to damages of three times the amount of that deposit, plus interest and reasonable attorney’s fees. We agree.

General Laws c. 186, §15B sets out detailed requirements for landlords’ handling of tenants’ security deposits. The landlords’ conduct here failed in several ways to comply with those requirements. Subsection (3) (a) of the statute requires the landlord to hold the tenants security deposit in a separate account protected from the reach of the landlord’s creditors and to provide the tenant with a receipt for the deposit within thirty days after the deposit is received.7 Id. §15B(3)(a). Failure to comply with the terms of this subsection “shall entitle the tenant to immediate return of the security deposit.” Id.

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Lopes v. Williams, 2010 Mass. App. Div. 227 (Mass. Ct. App. 2010).

2010 Mass. App. Div. 227 (Lopes v. Williams) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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