HOUSE DOCKET, NO. 4336        FILED ON: 6/27/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

 

The Commonwealth of Massachusetts

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PRESENTED BY:

Shawn Dooley

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to the payment of rent while awaiting a court proceeding.

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PETITION OF:

 

Name:

District/Address:

Date Added:

Shawn Dooley

9th Norfolk

6/27/2019


HOUSE DOCKET, NO. 4336        FILED ON: 6/27/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

By Mr. Dooley of Norfolk, a petition (subject to Joint Rule 12) of Shawn Dooley relative to rental payments while awaiting court proceedings.  The Judiciary.

 

The Commonwealth of Massachusetts

 

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act relative to the payment of rent while awaiting a court proceeding.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 186 of the General Laws is hereby amended by inserting after section 11A the following section:-

Section 11B. (a) Upon the initiation of any court proceeding in which ultimate relief would entitle the tenant to not pay rent, the tenant shall deposit their normal, timely rent payments into the landlord’s escrow account that holds the tenant’s security deposit until a final judgment from the court is determined. If there is no existing escrow account the landlord shall open one, into which said deposits shall be made until a final judgment from the court is determined. The landlord shall provide the tenant all information needed for the tenant to deposit said rent payments into said escrow account.

(b) If the tenant fails to make the deposits required in subsection (a), the landlord may initiate an eviction proceeding and, after the required fourteen-day notice period has expired, may hire a sheriff or constable to move the tenant’s belongings out of the dwelling and into storage. Said storage shall be paid for by the tenant.

(c) If the pending case is resolved in favor of the landlord, the money in the escrow account shall be released to the landlord; if the case is resolved in favor of the tenant, the money in the escrow account shall be returned to the tenant. All interest accumulated from rent payments in the escrow account shall be payable to the tenant.