Clegg v. Vaughan, 7 Mass. L. Rptr. 134 (1997)

Citation: Clegg v. Vaughan, 7 Mass. L. Rptr. 134 (1997)
Parent Document: Clegg v. Vaughan, 7 Mass. L. Rptr. 134 (1997)
Jurisdiction: Massachusetts (state)
Effective Date: 1997-06-27
Original Source: https://www.courtlistener.com/opinion/8352844/clegg-v-vaughan/ ↗

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In a Memorandum of Decision and Order dated May 13, 1997, this Court found that the notice to quit was not timely served on Vaughan in accordance with G.L.c. 186, §11A [7 Mass. L. Rptr. No. 2, 34 (July 21, 1997). Accordingly, this Court ordered judgment for Vaughan on the summary process complaint. With respect to Vaughan’s counterclaim for damages due as a result of sanitary code violations, this Court found: “Although evidence of such violations was introduced, no evidence of the amount of damages was *135presented. The tenant bears the burden of proof on her counterclaim and she has not sustained that burden.” Further, with respect to the counterclaim for interest on her security deposit, this Court found: “Although G.L.c. 186, §15B(2)(a) provides for interest at the rate of five percent each year, no evidence was introduced of the amount of the rent. Again, the tenant has not met her burden on that issue.” Accordingly, this Court entered judgment dismissing Vaughan’s counterclaim. Finally, on May 13, 1997, this Court allowed Clegg’s motion to release from escrow the rental payments which Vaughan had paid into Superior Court pending her appeal. Thereafter, on May 19th, Vaughan filed an appeal pursuant to Mass.R.A.P. 3 DISCUSSION

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