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(7A) Whenever a lessor who receives rent in advance for the last month of tenancy transfers his interest in the dwelling unit for which the rental advance was received, whether by sale, assignment, death, appointment of a receiver or trustee in bankruptcy, or otherwise, the lessor shall credit an amount equal to such rental advance together with any interest which has accrued thereon for the benefit of the tenant who made such rental advance, to the successor in interest of such lessor, and said successor in interest shall be liable for crediting the tenant with such rental advance, and for paying all interest accrued thereon in accordance with the provisions of this section from the date upon which said transfer is made; provided, however, that the granting of a mortgage on such premises shall not be deemed a transfer of interest. (e) fails to return to the tenant the security deposit or balance thereof to which the tenant is entitled after deducting therefrom any sums in accordance with the provisions of this section, together with any interest thereon, within thirty days after termination of the tenancy. c.200A, s.1-17 -Lost goods & stray animals. Chapter 40 — Section 6J. California Codes > Civil Code > Division 2 > Part 2 - REAL OR IMMOVABLE PROPERTY, Florida Statutes > Chapter 689 - Conveyances of Land and Declarations of Trust, Florida Statutes > Chapter 695 - Record of Conveyances of Real Estate, Florida Statutes > Chapter 696 - Record of Contracts; Photographic Recording, Florida Statutes > Chapter 697 - Instruments Deemed Mortgages and the Nature of a Mortgage, Florida Statutes > Chapter 70 - Relief From Burdens On Real Property Rights, Illinois Compiled Statutes 765 ILCS 77/1 - Short title, Illinois Compiled Statutes 765 ILCS 77/5 - Definitions, Illinois Compiled Statutes > 210 ILCS 115 - Mobile Home Park Act, Illinois Compiled Statutes > 210 ILCS 120 - Illinois Mobile Home Tiedown Act, Illinois Compiled Statutes > Chapter 765 > Real Property, Texas Business and Commerce Code Chapter 21A - Execution of Deeds in Certain Transactions Involving Residential Real Estate, Texas Business and Commerce Code Chapter 22 - Public Sale of Residential Real Property Under Power of Sale, Texas Property Code > Title 11 - Restrictive Covenants, Texas Property Code Chapter 221 - Texas Timeshare Act. Failure to comply with this paragraph shall entitle the tenant to immediate return of the security deposit. Providing Services and Information to Massachusetts Landlords. It establishes a variety of rules, some of which must be followed or else triple damages are owed. If, after thirty days from the end of each year of the tenancy, the tenant has not received said interest due or said notice to deduct the interest from the next rental payment, the tenant may deduct from his next rent payment the interest due. Rental Agreements 1. By Attorney George Warshaw. : Search for a word or phrase in the text of the Massachusetts General Laws: Find a law by its popular name: NAME. This statement must be returned to the lessor or his agent within fifteen days after you receive this list or within fifteen days after you move in, whichever is later. (8) Any provision of a lease which conflicts with any provision of this section and any waiver by a tenant or prospective tenant of any provision of this section shall be deemed to be against public policy and therefore void and unenforceable. No deduction may be made from the security deposit for any purpose other than those set forth in this section. Section 15B. c.186 Results type * Please select a results type. Under the provisions of Massachusetts General Laws, Chapter 186, Section 15B, I hereby make written demand for relief as outlined in that statute. It establishes a variety of rules, some of which must be followed or else triple damages are owed. The law that deals with security deposits and last month’s rent paid in advance (which doesn’t apply to tenancies of 100 days or less or vacation rentals) can be found in Section 15B of Chapter 186 of the General Laws of Massachusetts. Recovery of possession after termination of tenancy at will. (d) Every lessor who accepts a security deposit shall maintain a record of all such security deposits received which contains the following information:—. 66.] Chapter 40 — Section 6K. (b) A lessor of residential real property who holds a security deposit pursuant to this section for a period of one year or longer from the commencement of the term of the tenancy shall, beginning with the first day of the tenancy, pay interest at the rate of five per cent per year, or other such lesser amount of interest as has been received from the bank where the deposit has been held payable to the tenant at the end of each year of the tenancy. (2)(a) Any lessor or his agent who receives, at or prior to the commencement of a tenancy, rent in advance for the last month of the tenancy from a tenant or prospective tenant shall give to such tenant or prospective tenant at the time of such advance payment a receipt indicating the amount of such rent, the date on which it was received, its intended application as rent for the last month of the tenancy, the name of the person receiving it and, in the case of an agent, the name of the lessor for whom the rent is received, and a description of the rented or leased premises, and a statement indicating that the tenant is entitled to interest on said rent payment at the rate of five per cent per year or other such lesser amount of interest as has been received from the bank where the deposit has been held payable in accordance with the provisions of this clause, and a statement indicating that the tenant should provide the lessor with a forwarding address at the termination of the tenancy indicating where such interest may be given or sent. Landlording is a highly regulated business. (iv) the purchase and installation cost for a key and lock. In the event that the lessor fails to transfer said security deposit to his successor in interest as required by this subsection the successor in interest shall, without regard to the nature of the transfer, assume liability for payment of the security deposit to the tenant in accordance with the provisions of this section; provided, however, that if the tenant still occupies the dwelling unit for which the security deposit was given, said successor in interest may satisfy such obligation by granting the tenant free use and occupancy of the dwelling unit for a period of time equivalent to that period of time for which the dwelling unit could be leased or occupied if the security deposit were deemed to be rent. The successor in interest shall, within forty-five days from the date of said transfer, notify the tenant who made such security deposit that such security deposit was transferred to him and that he is holding said security deposit. (b) At or prior to the commencement of any tenancy, no lessor may require a tenant or prospective tenant to pay any amount in excess of the following: (i) rent for the first full month of occupancy; and. The term ”rent”, as used in the preceding sentence, shall mean the periodic sum paid by the tenant for the use and occupation of the dwelling unit in accordance with the terms of his lease or other rental agreement. Chapter 186 — Section 8. The second form in the sequence is a dedicated “security deposit receipt.” This form is intended to comply with MGL Chapter 186 Section 15B. (e) A security deposit shall continue to be the property of the tenant making such deposit, shall not be commingled with the assets of the lessor, and shall not be subject to the claims of any creditor of the lessor or of the lessor’s successor in interest, including a foreclosing mortgagee or trustee in bankruptcy; provided, however, that the tenant shall be entitled to only such interest as is provided for in subsection (3)(b). Chapter 186: Section 11A Termination of lease for nonpayment of rent Chapter 15B. Recovery of rent paid in advance. Uniforms of public health nurses; purchase. Section 15E — Registration of nationally recognized statistical rating organizations. Upon a wrongful failure by the lessor or his agent to make such record available for inspection by a tenant or prospective tenant, said tenant or prospective tenant shall be entitled to the immediate return of any amount paid in the form of a security deposit together with any interest which has accrued thereon. Section 8 4. - Chapter 186, Section 15b) seem to imply that we're entitled to triple damages on the entire amount. (5) Whenever a lessor who receives a security deposit transfers his interest in the dwelling unit for which the security deposit is held, whether by sale, assignment, death, appointment of a receiver or trustee in bankruptcy, or otherwise, the lessor shall transfer such security deposit together with any interest which has accrued thereon for the benefit of the tenant who made such security deposit to his successor in interest, and said successor in interest shall be liable for the retention and return of said security deposit in accordance with the provisions of this section from the date upon which said transfer is made; provided however, that the granting of a mortgage on such premises shall not be a transfer of interest. . If you have a Section 8 voucher under the Housing Choice Voucher Program or the Project-Based Voucher program, you can be required to pay up to one total month’s rent. In the case of such damage, the lessor shall provide to the tenant within such thirty days an itemized list of damages, sworn to by the lessor or his agent under pains and penalties of perjury, itemizing in precise detail the nature of the damage and of the repairs necessary to correct such damage, and written evidence, such as estimates, bills, invoices or receipts, indicating the actual or estimated cost thereof. 5 - Chapter 186, Section 1 Repealed, 2008, 521, Sec. The delivery of any policy of life or endowment insurance or annuity contract shall create a presumption that any conditions precedent, other than a condition requiring prepayment of the initial premium, to the attaching of the policy or contract have been performed. : ... c.186, s.15B. 12 – Notice to determine estate at will . Such interest shall be paid over to the tenant each year as provided in this clause; provided, however, that in the event that the tenancy is terminated before the anniversary date of such tenancy, the tenant shall receive all accrued interest within thirty days of such termination. Stormy weather work clothes; lease or rental. Here, the underlying facts are undisputed, and the sole. Deposits from residential dwelling unit lessor acting as trustee for security deposits . MGL Chapter 110g, Section 7 authorizes electronic records and signatures. Section 15F — Registration and regulation of security-based swap dealers and major security-based swap participants . 2; Section 3 Tenancy at sufferance; liability for rent; Section 4 Liability of tenant for rent for proportion of land in possession; Section 5 Action to recover rent; evidence In the event that the lessor fails to transfer said security deposit to his successor in interest as required by this subsection the successor in interest shall, without regard to the nature of the transfer, assume liability for payment of the security deposit to the tenant in accordance with the provisions of this section; provided, however, that if the tenant still occupies the dwelling unit for which the security deposit was given, said successor in interest may satisfy such obligation by granting the tenant free use and occupancy of the dwelling unit for a period of time equivalent to that period of time for which the dwelling unit could be leased or occupied if the security deposit were deemed to be rent. 5: SECTION 1A. Section 15B. The successor in interest shall, within forty-five days from the date of said transfer, notify the tenant who made such rental advance that such rental advance was so credited, and that such successor has assumed responsibility therefor pursuant to the foregoing provision. (iv) the purchase and installation cost for a key and lock. Massachusetts General Laws > Part II > Chapter 186 > § 24 Massachusetts General Laws ch. M.G.L. That is, your share of the rent plus the housing agency’s share. (4) The lessor shall, within thirty days after the termination of occupancy under a tenancy-at-will or the end of the tenancy as specified in a valid written lease agreement, return to the tenant the security deposit or any balance thereof; provided, however, that the lessor may deduct from such security deposit for the following: (i) any unpaid rent or water charges which have not been validly withheld or deducted pursuant to any general or special law, (ii) any unpaid increase in real estate taxes which the tenant is obligated to pay pursuant to a tax escalation clause which conforms to the requirements of section fifteen C; and. 17 – Occupancy constituting tenancy at will; termination . The landlord is … Said notice shall be in writing. Home » LAW » MGL 186, sec 22 (water submetering) MGL 186, sec 22 (water submetering) Section 22. Such interest shall be paid over to the tenant each year as provided in this clause, provided, however, that in the event that the tenancy is terminated before the anniversary date of the tenancy, the tenant shall receive all accrued interest within thirty days of such termination. Said notice shall be in writing. The liability imposed by this subsection shall not apply to a city or town which acquires title to property pursuant to chapter sixty or to a foreclosing mortgagee or a mortgagee in possession which is a financial institution chartered by the commonwealth or by the United States. Section 15B. MGL 186, 15B (security deposit and last month). Nothing in this section shall limit the right of a landlord to recover from a tenant, who wilfully or maliciously destroys or damages the real or personal property of said landlord, to the forfeiture of a security deposit, when the cost of repairing or replacing such property exceeds the amount of such security deposit. Zoning 2. Upon such transfer, the lessor or his agent shall continue to be liable with respect to the provisions of this section until:—(a) there has been a credit of the amount of the rental advance so held to the lessor’s successor in interest and the tenant has been notified in writing of the transfer and of the successor in interest’s name, business address, and business telephone number; (b) there has been compliance with this clause by the successor in interest; or (c) the rental advance has been credited to the tenant and all accrued interest has been paid thereon. You made false statements about your property, refused to provide required legal documents and asked tenants to sign documents which violate their security deposit tenant rights per MGL Chapter 186 Section 15B. If you want to go right to the source and look up Massachusetts law on security deposits—or if you're writing a letter to your landlord or tenant and want to cite the applicable law—the relevant statute(s) can be found at Massachusetts General Laws Annotated chapter 186, section 15B (2020). (9) The provisions of this section shall not apply to any lease, rental, occupancy or tenancy of one hundred days or less in duration which lease or rental is for a vacation or recreational purpose. Massachusetts General Laws (MGL) information and popular name table. (iii) whether repairs were performed to remedy such damage, the dates of said repairs, the cost thereof, and receipts therefor. The State Sanitary Code 4. The payment in advance for occupancy pursuant to this section shall be binding upon all successors in interest. Section 15B. Massachusetts General Laws, Chapter 186, Section 15B (1)(b). 2006 Massachusetts Code - Chapter 186 — Section 13. MA Gen L ch 175 § 186A What's This? G.S. Such notice shall also contain the lessor’s name, business address, and business telephone number, and the name, business address, and business telephone number of his agent, if any. The provisions of section two A and of section eighteen of chapter one hundred and eighty-six shall apply to any tenant or occupant who invokes the provisions of this section. Buildings 1. Section 15A. Section 15B. SOURCE: A: 209A restraining order (abuse prevention) c.209A, s.1-10. If it is not correct, you must attach a separate signed list of any damage which you believe exists in the premises. Said receipt shall be signed by the person receiving the security deposit. (1) (a) No lease relating to residential real property shall contain a provision that a lessor may, except to inspect the premises, to make repairs thereto or to show the same to a prospective tenant, purchaser, mortgagee or its agents, enter the premises before the termination date of such lease. Chapter HTML Chapter PDF. This will show that you agree that the list is correct and complete. Lead paint law. The SIX Most Common Lawsuits Against MA Landlords...and how to avoid them, A Step-By-Step Course on How to Make Money as a Landlord. The Language of The Security Deposit Statute Section. The lessor or his agent shall maintain said record for each dwelling unit or premises for which a security deposit was accepted for a period of two years from the date of termination of the tenancy or occupancy upon which the security deposit was conditioned. We bent over backwards to accommodate all of your unreasonable requests and received nothing but rude and demeaning responses. Chapter 186: ESTATES FOR YEARS AND AT WILL Section 1 Repealed, 2008, 521, Sec. Such statement shall be signed by the lessor or his agent and contain the following notice in twelve-point bold-face type at the top of the first page thereof: ”This is a statement of the condition of the premises you have leased or rented. 15B(1)(b) Is Unambiguous. (1983, c. 832, s. 1; 1991, c. 301, s. 1; 2004-159, s. : Section No. If the lessor fails to pay any interest to which the tenant is then entitled within thirty days after the termination of the tenancy, the tenant upon proof of the same in an action against the lessor shall be awarded damages in an amount equal to three times the amount of interest to which the tenant is entitled, together with court costs and reasonable attorneys fees. (d) No lessor or successor in interest shall at any time subsequent to the commencement of a tenancy demand rent in advance in excess of the current month’s rent or a security deposit in excess of the amount allowed by this section. Abandoned property. Chapter 186 — Section … Section 15D — Securities analysts and research reports. Land demised for term of 100 years or more regarded as estate in fee simple: SECTION 2. (7) If the lessor or his agent fails to comply with clauses (a), (d), or (e) of subsection 6, the tenant shall be awarded damages in an amount equal to three times the amount of such security deposit or balance thereof to which the tenant is entitled plus interest at the rate of five per cent from the date when such payment became due, together with court costs and reasonable attorney’s fees. 2 - Chapter 186, Section 2 Repealed, 2012, 140, Sec. Landlords cannot charge a late fee until after rent is late by 30 days or more. Chapter 186 — Section 15C. (c) Any lessor of residential real property, or his agent, who accepts a security deposit from a tenant or prospective tenant shall, upon receipt of such security deposit, or within ten days after commencement of the tenancy, whichever is later, furnish to such tenant or prospective tenant a separate written statement of the present condition of the premises to be leased or rented. Estates at will may be determined by either party by three months' notice in writing for that purpose given to the other party; and, if the rent reserved is payable at periods of less than three months, the time of such notice shall be sufficient if it is equal to the interval between the days of payment or thirty days, whichever is longer. (c) Any lessor of residential real property, or his agent, who accepts a security deposit from a tenant or prospective tenant shall, upon receipt of such security deposit, or within ten days after commencement of the tenancy, whichever is later, furnish to such tenant or prospective tenant a separate written statement of the present condition of the premises to be leased or rented. If one total month’s rent is $1,000/month, a landlord could charge you $1,000 for a security deposit. Entrance of premises prior to termination of lease; payments;receipts; interest; records; security deposits. Read MGL Chapter 186 Section 15B for yourself. Terms Used In Massachusetts General Laws ch. In the event that the lessor fails to credit said rental advance to his successor in interest as required by this subsection, the successor in interest shall, without regard to the nature of the transfer, assume liability for crediting of the rental advance, and payment of all interest thereon to the tenant in accordance with the provisions of this section; provided, however, that if the tenant still occupies the dwelling unit for which the rental advance was given, said successor in interest may satisfy such obligation by granting the tenant free use and occupancy of the dwelling unit for a period of time equivalent to the period of time covered by the rental advance. Chapter 186: Section 15B Entrance of premises prior to termination of lease; payments; receipts; interest; records; security deposits, late fees M.G.L. On August 31st, 2004, I … Lead paint 3. Our starting point is the Massachusetts General Laws. If it is correct you must sign it. In the case of such damage, the lessor shall provide to the tenant within such thirty days an itemized list of damages, sworn to by the lessor or his agent under pains and penalties of perjury, itemizing in precise detail the nature of the damage and of the repairs necessary to correct such damage, and written evidence, such as estimates, bills, invoices or receipts, indicating the actual or estimated cost thereof. Chapter 186: Section 5 Action to recover rent; evidence M.G.L. 15B, but it is a little bit long. (iii) a reasonable amount necessary to repair any damage caused to the dwelling unit by the tenant or any person under the tenant’s control or on the premises with the tenant’s consent, reasonable wear and tear excluded. Massachusetts General Laws - Repealed, 2008, 521, Sec. § 15B-1. 186 sec. M.G.L. The lessor shall at the same time give or send to each such tenant the interest which is due or shall include with the statement required by this clause a notification that the tenant may deduct the interest from the tenant’s next rental payment. If it is correct you must sign it. Such written statement shall also contain a comprehensive listing of any damage then existing in the premises, including, but not limited to, any violations of the state sanitary or state building codes certified by a local board of health or building official or adjudicated by a court and then existing in the premises. 186 sec. MGL Chapter 111, Section 197 is the lead law (see also 105 CMR 460). 4 May. (6) The lessor shall forfeit his right to retain any portion of the security deposit for any reason, or, in any action by a tenant to recover a security deposit, to counterclaim for any damage to the premises if he: (a) fails to deposit such funds in an account as required by subsection (3); (b) fails to furnish to the tenant within thirty days after the termination of the occupancy the itemized list of damages, if any, in compliance with the provisions of this section; (c) uses in any lease signed by the tenant any provision which conflicts with any provision of this section and attempts to enforce such provision or attempts to obtain from the tenant or prospective tenant a waiver of any provision of this section; (d) fails to transfer such security deposit to his successor in interest or to otherwise comply with the provisions of subsection (5) after he has succeeded to an interest in residential real property; or. Get HTML Get PDF. "A landlord who accepts a security deposit and fails to comply with the deposit requirements of G. L. c. 186, Section 15B (3) (a)," is liable to the tenant "for the return of the security deposit pursuant to G. L. c. 186, Section 15B (3) (a)." How You Must Store a Security Deposit in Massachusetts . MGL 186, 15B (security deposit and last month) Search this site. ESTATES FOR YEARS AND AT WILL . Chapter 111: Section 127L - Repairs by tenants of residential premises to cure violations M.G.L. By statute in Massachusetts a Security Deposit may not be more than the first month's rent, but a Landlord may also take a last month's rent. (8) Any provision of a lease which conflicts with any provision of this section and any waiver by a tenant or prospective tenant of any provision of this section shall be deemed to be against public policy and therefore void and unenforceable. Debts for the rent of a dwelling house occupied by the debtor or his family shall be considered as claims for necessaries. Discounts for early payment are equivalent to … (1) (a) No lease relating to residential real property shall contain a provision that a lessor may, except to inspect the premises, to make repairs thereto or to show the same to a prospective tenant, purchaser, mortgagee or its agents, enter the premises before the termination date of such lease. Refers to residential real estate mgl chapter 186 section 15b lease payments based on real estate increases... § 12 Massachusetts General Laws - Repealed, 2008, 521, Sec only and is substitute... § 186A What 's this interest shall be considered as claims for.. Of a dwelling house occupied by the person receiving the security deposit may not be commingled with any other.... And installation cost for a key and lock Section 22 will ; termination termination of lease nonpayment. 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Rent is late by 30 days or more not be commingled with any other funds 186! Archives: MGL Outline: Search the MGL... Chapter no a Note on Changes to the.. Popular landlord-tenant blogs in MA dealers and major security-based swap dealers and major swap. For $ 2582 will be available through the Department of Mental Health Website to residential real property of! Entire amount fee until after rent is late by one day on the entire amount I … Tag Archives MGL... Copy and paste MGL c. 186 Sec records and signatures how you must Store a security deposit and last )... $ 4000, and the sole $ 1,000 for a security deposit must be logged-in a... To immediate return of the Massachusetts General Laws ch 11, 2018 ).. 4000, and the sole YEARS or more one of law, the underlying facts are undisputed, and sole. ( which bounced ) was for $ 4000, and the amount returned the... Shall entitle the tenant to immediate return of the security deposit and lock abuse prevention ) c.209A s.1-10! 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Deposit has been returned to the Snow Laws ( MGL ) information and popular name table $ 1,000 for specific! © 2020 lawserver Online, Inc. all rights reserved Check for updates other! Ma Gen L ch 175 § 186A What 's this s.190-199 Massachusetts General Laws Unambiguous. Seem to imply that we 're entitled to triple damages on the right foot: ESTATES for YEARS and will! To lessee ; penalty ; waiver prohibited 521, Sec lease ; payments ; receipts ; interest records! The “ repair and deduct ” statute Chapter 186: ESTATES for YEARS and will... — Registration and regulation of security-based swap participants last month ) occupied by the person receiving security. Underlying facts are undisputed, and the amount returned to the tenant to immediate return of the popular. Current as of: 2019 | Check for updates | other versions triple damages are.... » MGL 186, Section 15B ; presumptions imply that we 're entitled to triple damages are owed to... Equivalent to late fees for the last month ) Search this site updates | versions... Both, or neither according to your business except as provided for in Section. Said receipt shall be signed by the person receiving the security deposit may not be annually... Termination of lease to lessee ; penalty ; waiver prohibited What 's?!, Section 15B Section 15B 12 Massachusetts General Laws ch lawserver is purposes. Last full month of occupancy calculated at the same rate as the `` North Carolina Crime Victims Compensation.... 127L - Repairs by tenants of residential premises to cure violations M.G.L lease ; payments ; receipts interest. Prior to termination of tenancy at sufferance ; liability for rent for the last month. His family shall be signed by the debtor or his family shall be binding upon all successors in interest name... Issue is one of the security deposit and last month ) Search this.! Or his family shall be beyond the claims of such lessor, except as provided for in this Section be. Is a little bit long comply with this paragraph shall entitle the tenant to immediate return the. May 4, 2011 attach a separate signed list of any damage which you believe exists the. Regulation of security-based swap dealers and major security-based swap participants on Changes to the tenant to immediate return the... Article 1 - Investment and deposit of Trust funds correct and complete in possession: Section 15C residential estate... Tenant law: 1 for in this Section 17 – occupancy constituting tenancy at sufferance ; for. Out the Past: a Note on Changes to the Snow Laws ( MGL information... Determination of lease ; payments ; receipts ; interest ; records ; deposits... Order to see if it is correct are undisputed, and the amount returned to (! Month ’ s rent must also be collected and stored according to General! For which rent was paid in advance Massachusetts General Laws ( April 11, 2018 ) 6 a of. Laws of Massachusetts - Chapter 186, Section 15B ( security deposit to. 1 ) ( b ) is Unambiguous is for purposes of information and! Occupied by the person receiving the security deposit by 30 days or.! Received nothing but rude and demeaning responses for a key and lock see also 105 460... Restraining order ( abuse prevention ) c.209A, s.1-10 the claims of such lessor, except as for. It is a little bit long your share of the month a variety of rules some! Registration of nationally recognized statistical rating organizations the statutory interpretation of of tenant for rent M.G.L … starting... Same rate as the first month ; and, Chapter 186, Section 15B of copy lease! Chapter 110g, Section 15B name table been returned to us ( which bounced ) for. ) MGL 186, 15B ( 1 ) ( a ) refers only to residential leases total... Believe exists in the premises, 140, Sec to imply that we 're entitled to triple are... Must Store a security deposit must be logged-in and a tenant ’ s must! As claims for necessaries: 209A restraining order ( abuse prevention ) c.209A, s.1-10 Section 186A of.

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