Peebles et al v. JRK Property Holdings, Inc. et al

Filing 40

Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER. For the foregoing reasons, 1) The motion for class certification of plaintiffs, Branda Peebles and Joshua Berger (Docket No. 18 ), the motion for summary judgment of the defenda nt, JKR Property Holdings (Docket No. 23 ) and the cross-motion for summary judgment of plaintiffs (Docket No. 30 ) are all DENIED without prejudice. 2) The following questions will be certified to the Massachusetts Supreme Judicial C ourt ("SJC"): When a tenant vacates a premises at the end of a lease, under what circumstances, if any, does charging him for painting, carpet repair or similar refurbishment constitute a deduction for "reasonable wear and tear& quot; in violation of M.G.L. c. 186, §15B(4)? Does inclusion of a provision in a lease requiring a tenant to have the premises professionally cleaned at the end of the lease or to bear the costs of later repairs constitute a violation of M.G.L. c. 186, §15B(4)?3) The clerk of Court will forward this memorandum and order to the SJC under the seal of this Court and provide any portion of the record that the SJC may require.4) The case will be stayed (and the scheduled jury trial postponed) pending receipt of a decision from the SJC in accordance with this order.So Ordered. (Cowan, Nicole)