Law Office of Justin M. Murphy
Attorney Murphy examined the landlord's basis for withholding the security deposit and concluded it was unlawful. Significantly, Attorney Murphy identified the landlord violated Massachusetts law by charging the tenants for constable fees. It is illegal in Massachusetts for a landlord to do so prior to a formal legal action. See Commonwealth vs. Chatham Development Co. Inc., 49 Mass. App. Ct. 525 (2000)(it is illegal to charge tenants constable fees in Massachusetts prior to commencement of a formal legal complaint).
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