This section contains the nature of the case and procedural background.

Neihaus (P), rented his single-family house to Ds for $2,450 per month, under a written lease covering the period from September 1, 1997, to August 31, 1998. On September 25, 1998, P brought a summary process action against D who, in turn, filed a counterclaim alleging violations of G. L. c. 186, § 15B, and G. L. c. 93A. The court entered judgments for P on both his complaint and Ds' counterclaim. At the inception of the lease, Ds paid P's agent, Hunneman Residential Services, $2,450 representing the last month's rent, and another $2,450 as a security deposit against damage to the premises. Hunneman deposited that money into its 'Security Deposit Account,' a single account at a Massachusetts bank, in which Hunneman held security deposits and last month's rents for all of Hunneman's residential landlord clients. Hunneman maintained a separate landlords' operating account into which it deposited the rent received on behalf of P and from which it paid the expenses associated with P's property, such as the mortgage, property taxes, water and sewer charges, and repair and maintenance costs. D remained in possession after the expiration of the lease and paid rent for August but failed to make a monthly rent payment for September 1998. Hunneman withdrew the last month's rent from the Security Deposit Account and used it as payment. The following month, by court order, Ds made a rent payment of $2,450 for October, as a condition of obtaining a continuance of the summary process trial. The judge ordered that judgment for possession of the property enter for P and he ruled against Ds on their counterclaims. He required P to return Ds the security deposit with interest and to pay Ds interest on the last month's rent which they had advanced at the inception of the lease. Ds appealed.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.