Tag Archives: application fee

Class Action Investigation: Avalon

Under Investigation: If you have ever been employed by, or rented an apartment from Avalon, you are encouraged to contact us today.

UNDER INVESTIGATION:  AvalonAvalonBay Communities Inc, (NYSE: AVB)

Thousand of Units

Avalon Communities, or AvalonBay owns 7,631 rental units in Massachusetts. AvalonBay Communities, Inc. (AvalonBay) is a real estate investment trust (REIT).” “With more than 180 complexes in ten states and the District of Columbia, AvalonBay Communities, Inc. (AVB) is the nation’s second largest publicly traded apartment owner.”

Suspected Security Deposit Law Violations Under Investigation

Has Avalon refused to return your security deposit?
Has Avalon deducted money for cleaning charges?
Has Avalon charged you an application fee ?

The Leonard Law Office, LLP is investigating whether Massachusetts consumers have paid fees they should not have. If you paid an application fee before renting an Avalon apartment in the past four years, please contact us.

Avalon Properties in Massachusetts

Boston
Avalon at Prudential Center
780 Boylston Street
866-653-9583

Avalon Exeter
77 Exeter Street Continue reading

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Broad Street Associates v. Stephen Levine

Related posts: Apartment Amenity and Move In Fee Class Action Investigation, Equity Residential Hit With Class Action Lawsuit 

According to this decision, it is unlawful for residential landlords to charge application fees in Massachusetts.  Application fees are just one of the illegal fees that are often imposed on tenants such as up front  “move in fees,” “amenity fees,” or “pet fees.” 

Legal Issues:

1. Is charging pet rent legal in Massachusetts?

2. Is charging an up-front pet deposit or pet fee at the beginning of the tenancy legal in Massachusetts?

3. Can a Massachusetts landlord legally charge an application fee?

COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT

BROAD STREET ASSOCIATES v. STEPHEN LEVINE

No. 12-SP-2041

DECISION AND ORDER

On July 1, 2010, the tenant paid the landlord a $45 application fee, and on July 7, 2010, paid a $1,000 security deposit and $1,000 first month’s rent. Thereafter, the tenant paid $1,000 monthly rents and $50 per month “pet fees under three successive Leases and two successive Pet Agreements. Disputes arose between the parties, chiefly about roof leaks and related housing defects and conditions of disrepair.  The tenant withheld his rent and stopped paying the pet fees. The landlord responded by bringing this summary process case for nonpayment of rent.

1. The landlord complied with the. bank deposit and receipt requirements of the Security Deposit Law, Gen.L. c.186 §15B(2) (b) , (c) , and (3) (a), with respect to the $1,000 security deposit.

2. The landlord did not comply with the five-percent interest requirement of the Security Deposit Law, Gen.L. c.186 §15B(3){b). The tenant is entitled to payment of or credit for the $103.21 interest accrued on the security deposit.

3.  The landlord violated the excess payments requirement of the Security Deposit Law, Gen.L. c.186 §15B(1) (b) , by requiring the tenant (then a prospective tenant) to pay the $45 application fee. The tenant is entitled to return of or credit for the $45 application fee. Continue reading

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