HOUSE DOCKET, NO. 538        FILED ON: 1/25/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1546

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Shawn Dooley

_________________

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.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Shawn Dooley

9th Norfolk

1/25/2021

Alan Silvia

7th Bristol

4/15/2021


HOUSE DOCKET, NO. 538        FILED ON: 1/25/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1546

By Mr. Dooley of Norfolk, a petition (accompanied by bill, House, No. 1546) of Shawn Dooley relative to rental payments while awaiting court proceedings.  The Judiciary.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE [Refile Branch], NO.          OF 2019-2020.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

_______________

 

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.