Sanchez et al. v. JH One Properties LLC and KCMP Capital Inc. as Trustee of 501 Washington Street Lynn Nominee Trust, Civ. No. 19-00257 (Essex Superior Court)
What this Case is About
Plaintiffs brought the case in order to stop JH One Properties LLC’s unlawful practices of violating the Massachusetts security deposit law (Massachusetts G.L. c. 186, § 15B). The Security Deposit Law places strict requirements on landlords in their handling of security deposits, providing certain information to tenants, and returning security deposits to tenants.
The case alleges that JH One Properties failed to notify tenants of the actual account into which their deposits were placed, failed to provide the required receipts for the security deposits, comingled security deposit funds with its own operating funds, and failed to return tenants’ security deposits as required, or pay the required interest.
The Complaint was filed in the Essex County Superior Court.
What the Case Seeks
Pursuant to the Security Deposit Law, Plaintiffs, on their own behalf and on behalf of a group of other tenants (the “Class”), seek damages for each tenant Class member of three times the security deposit the tenant paid, and the statutory interest to which they are entitled, as well as Plaintiffs’ costs and reasonable attorneys’ fees. The case also seeks an order from the Court directing JH One Properties to cease its practice of violating the Security Deposit Law, G.L. c. 186, § 15B.
Who Is in the Class of Tenants
On February 16, 2022, the Court approved and preliminarily certified a Class of tenants, defined as follows:
“current and former tenants at any building in Massachusetts owned or managed by the Defendants who paid a security deposit, during the period of the Defendants’ ownership and/or management, from four years prior to the filing of this action to the present, which the Defendants mishandled in violation of the Security Deposit Law”
Any tenant fitting the description above, is a potential member of the Class.
What Should I Do If I am a Tenant
At this stage, if you are a tenant and fit the description of the Class above, there is nothing you are required to do. The lead Plaintiffs and the law firm are pursuing the claims and any recovery will require court approval before being distributed to tenant Class members. You do not need to “opt-in” or otherwise submit anything at this time to participate in the Class.
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