Taylor v. Burke

866 N.E.2d 911, 69 Mass. App. Ct. 77, 2007 Mass. App. LEXIS 553
CourtMassachusetts Appeals Court
DecidedMay 17, 2007
DocketNo. 05-P-1433
StatusPublished
Cited by9 cases

This text of 866 N.E.2d 911 (Taylor v. Burke) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Taylor v. Burke, 866 N.E.2d 911, 69 Mass. App. Ct. 77, 2007 Mass. App. LEXIS 553 (Mass. Ct. App. 2007).

Opinion

Gelinas, J.

The plaintiff, John C. Taylor (tenant), rented premises at 18 Cloverhill Drive in Chelmsford from the defendant, Margaret M. Burke (landlord). The tenancy involved a lease of one year, from December 1, 2002, through November 30, 2003. After the tenancy ended, and the tenant had left the premises, he brought a complaint in the Housing Court, seeking to recover his security deposit of $1,700, plus $34 in interest. The tenant also claimed treble damages, costs, and interest, alleging that the landlord had deposited the security deposit in an out-of-State bank and failed to return the deposit on the tenant’s demand, in violation of G. L. c. 186, § 15B,1 as appearing in [78]*78St. 1978, c. 553, § 2. The landlord filed a counterclaim for waste.

After trial, a judge in the Housing Court concluded, “on disputed facts and conflicting testimony,” that the tenant had not shown any violation of G. L. c. 186, § 15B.2 The judge found that, “[ajlthough the tenant’s . . . deposit. . . was physically made at a branch office of the Citizens Bank located in New Hampshire, the Citizens Bank was and is a bank doing business and with branch offices in Massachusetts.” Finding no violation of G. L. c. 186, § 15B, with regard to the deposit, the judge went on to consider the landlord’s counterclaim, found that she had proved waste damages beyond normal wear and tear in the sum of $3,303.80, deducted the $1,700 security deposit from that amount, and entered judgment against the tenant in the amount of $1,603.80.

[79]*79The tenant appeals, claiming that, as matter of law, the deposit made to the Citizens Bank in New Hampshire was a violation of G. L. c. 186, § 15B(3)(a). He also claims that because the landlord failed to return the tenant’s deposit on his demand, the landlord’s counterclaim for damage to the premises is prohibited by G. L. c. 186, § 15B(6), and the tenant is entitled to treble damages, interest, costs, and attorney’s fees pursuant to G. L. c. 186, § 15B(7).

We remand in order that the trial judge make appropriate subsidiary findings, taking such additional testimony and evidence as in his view might be required. The case was heard by a judge sitting without a jury. Rule 52(a) of the Massachusetts Rules of Civil Procedure, as amended, 423 Mass. 1402 (1996), requires that, where a judge sitting without a jury is the finder of fact, the judge must “find the facts specially and state separately [his] conclusions of law thereon.” These findings must contain “as many of the subsidiary facts as are necessary to disclose to the reviewing court the steps by which the trial court reached its ultimate conclusion on each factual issue.” Rapp v. Barry, 398 Mass. 1004, 1004 (1986), quoting from De-nofre v. Transportation Ins. Rating Bureau, 532 F.2d 43, 45 (7th Cir. 1976).

Here, while the trial judge indicated in his decision and order that the facts were disputed and the testimony was conflicting, he determined that the security deposit was deposited at a branch office of the Citizens Bank located in New Hampshire, and that, as the Citizens Bank was, and is, a bank doing business and with branch offices in Massachusetts, there was no violation of the statute. We think these sparse findings insufficient to permit the conclusion that the statute had not been violated.

We think it important as well to give guidance with respect to the statute as affecting any ultimate resolution of the case below. The statutory language governing security deposits requires that “[a]ny security deposit received by [a] lessor shall be held in a separate, interest-bearing account in a bank, located within the commonwealth under such terms as will place such deposit beyond the claim of creditors of the lessor . . . .” G. L. c. 186, § 15B(3)(a). Statutory interpretation is a question of law for the court, and we think that the statutory language here requires [80]*80that both the bank and the account be located within the Commonwealth.

We reach this conclusion by interpreting the statute “according to the intent of the Legislature ascertained from all its words construed by the ordinary and approved usage of the language, considered in connection with the cause of its enactment, the mischief or imperfection to be remedied and the main object to be accomplished, to the end that the purpose of its framers may be effectuated.” O’Brien v. Director of the Div. of Employment Security, 393 Mass. 482, 487-488 (1984), quoting from Industrial Fin. Corp. v. State Tax Commn., 367 Mass. 360, 364 (1975). See Annese Elec. Servs., Inc. v. Newton, 431 Mass. 763, 764 n.2 (2000).

We look first to the language of the statute itself. “Courts must ascertain the intent of a statute from all its parts and from the subject matter to which it relates, and must interpret the statute so as to render the legislation effective, consonant with sound reason and common sense.” Harvard Crimson, Inc. v. President & Fellows of Harvard College, 445 Mass. 745, 749 (2006). See Adamowicz v. Ipswich, 395 Mass. 757, 760 (1985) (courts will not interpret a statute so as to render any portion of it meaningless; a construction that would defeat the legislative purpose will not be adopted “if the statutory language is fairly susceptible to a construction that would lead to a logical and sensible result” [quotations and citation omitted]).

Consideration of the grammatical construction of G. L. c. 186, § 15B(3)(a), reveals the following. The introduction of a comma after the phrase “interest-bearing account in a bank,” separating that phrase from the following modifier “located within the commonwealth under such terms . . . ,” provides some indication of legislative intent. The phrase following the comma, concerning location, is immediately adjacent, without separation, to the terms on which the deposit should be held, and permits a reading such that the entire phrase relates back to the phrase “interest-bearing account in a bank,” thus directing that the location of the account, as well as of the bank, be in the Commonwealth. In order that the location modifier refer to “bank,” and not to “interest-bearing account,” the comma might well have been placed after “located within the com[81]*81monwealth”; thus, the phrase “in a bank located within the commonwealth, under such terms ...” would require only that the bank be located in Massachusetts.

We recognize that ordinarily, in the interpretation of statutes, “matters of punctuation are not necessarily determinative,” Globe Newspaper Co. v. Boston Retirement Bd., 388 Mass. 427, 432 (1983), as punctuation may represent a preference in style and not the considered judgment of the legislature, Commonwealth v. Maillet, 400 Mass. 572, 578 (1987), nor be indicative of legislative intent, Commissioner of Rev. v. Dupee, 423 Mass. 617, 621 (1996). Punctuation, however, may be considered as an indication of the purpose of the legislation where different readings might result in ambiguity. See Greenough v. Phoenix Ins. Co., 206 Mass. 247, 252 (1910).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Commonwealth v. Wright
88 Mass. App. Ct. 82 (Massachusetts Appeals Court, 2015)
Stacy v. Zhao
2013 Mass. App. Div. 59 (Mass. Dist. Ct., App. Div., 2013)
White v. Hartigan
464 Mass. 400 (Massachusetts Supreme Judicial Court, 2013)
Taylor v. Beaudry
971 N.E.2d 313 (Massachusetts Appeals Court, 2012)
Hermida v. Archstone
826 F. Supp. 2d 380 (D. Massachusetts, 2011)
Bednark v. Catania Hospitality Group, Inc.
942 N.E.2d 1007 (Massachusetts Appeals Court, 2011)
Commonwealth v. Baro
897 N.E.2d 99 (Massachusetts Appeals Court, 2008)
Cote v. Sylvia
2008 Mass. App. Div. 27 (Mass. Dist. Ct., App. Div., 2008)

Cite This Page — Counsel Stack

Bluebook (online)
866 N.E.2d 911, 69 Mass. App. Ct. 77, 2007 Mass. App. LEXIS 553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-burke-massappct-2007.