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Appeals court considers whether tenant can press class claims over security-deposit practices in Tatulli v. AvalonBay

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Summary

The Appeals Court considered whether a tenant who sued AvalonBay over security-deposit deductions should have been allowed to pursue class claims based on the landlord’s preprinted move-in and move-out forms and account handling.

The Appeals Court heard argument in Tatulli v. AvalonBay Communities on whether the motion judge abused discretion in denying class certification in a security-deposit dispute.

Plaintiff Margaret Tatulli’s counsel, Walter Jacobs, said AvalonBay used preprinted move-in/move-out and inspection forms that authorized routine cleaning and painting charges rather than limiting deductions to tenant-caused damage. Jacobs said the forms and a Bank of America records request showed security deposits were…

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