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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Avalonbay Communities, Inc. v. Hamilton, 26 Mass. L. Rptr. 436 (2010)

Citation
Avalonbay Communities, Inc. v. Hamilton, 26 Mass. L. Rptr. 436 (2010)
Parent Document
Avalonbay Communities, Inc. v. Hamilton, 26 Mass. L. Rptr. 436 (2010)
Jurisdiction
Massachusetts (state)
Effective Date
2010-02-05

Other Sections in This Document (60)

Full Text

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AvalonBay offered to rebate Hamilton’s rent by $2,210 from October 1 through November 4, 2003, although under no legal obligation to do so. It did claim, however, that Hamilton still owed back rent exceeding $5,500. Avalon was also losing $650 each month because it was required to pay for the leased furniture in the model unit, now occupied by Hamilton. It told Hamilton that he needed to vacate the model unit by January 20, 2004; in doing so, however, it offered him, as an option, another comparable apartment in its complex. Hamilton spurned the offer, insisting instead that he would pay no rent for either the model unit or the apartment he originally leased. In essence, Hamilton now occupied both the model unit and the other apartment — and had been for several months — rent-free.