Neihaus v. Maxwell
Court of Appeals of Massachusetts
766 N.E. 2d (2002)
In September 1997, Alexander Neihaus (plaintiff) rented his single-family home to Mitchell and Tiffani Maxwell (defendants). The Maxwells paid a security deposit and the last month’s rent upfront. Neihaus hired Hunneman Residential Services (Hunneman) to manage the property. Hunneman deposited the last month’s rent and security deposit into a single bank account. Hunneman then deposited the Maxwells’ monthly rental payments into a separate operating account. The Maxwells paid rent every month of the lease, including the last month of August 1998, but refused to vacate at the end of the lease. Despite staying in the home, the Maxwells did not pay rent for September 1998. Accordingly, Hunneman withdrew the Maxwells’ last month’s rent from the security-deposit account. Neihaus sued the Maxwells on September 25, 1998. The Maxwells raised several counterclaims, including a claim that Neihaus illegally commingled funds by pooling the security deposit with other funds. The Maxwells also claimed Neihaus should have returned their security deposit within 30 days after the end of the written lease period, which was on August 31, 1998, even though they did not vacate the property then. The trial court dismissed the Maxwells’ counterclaims and ordered them to return the property. The Maxwells appealed.
Rule of Law
Holding and Reasoning (Cohen, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 176,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.