McGrath v. Mishara

This appeal from a decision of the Housing Court Department of the Trial Court raises issues with respect to the scope of a landlord’s liability to a tenant in a rent-controlled apartment for improper demands for rent and unlawful retention of a security deposit.

The following facts found by the Housing Court judge are material to the issues on appeal. From January 15, 1974, until June 30, 1976, the plaintiffs (tenants) rented an apartment in the Allston section of Boston from the defendant Arashim Company (landlord). The apartment was subject to rent control under the provisions of the Boston…