Share Loan Fund of the Alcoholism & Drug Abuse Foundation, Inc. v. Upright

This is an action by the tenants’ assignee to recover for the defendant-landlords’ alleged violations of G.L.c. 186, §15B in the handling of the tenants’ security deposit. Summary judgment was entered for the defendants, and the plaintiff has appealed pursuant to Dist./Mun. Cts. R. A. D. A., Rule 8C.

It was undisputed that defendant Linda Upright (“Upright”) was the record owner of property located at 334 Merrimac Street in Newburyport, Massachusetts. On November 24,1992, defendant David Newbert (“Newbert”), as landlord,2 entered into a lease of the property with tenant William Sobolewski…