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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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The Hamiltons contend that AvalonBay breached their lease by filing eviction proceedings in bad faith, by violating the state Sanitary Code and by retaliating against them for withholding rent. For reasons discussed above (i.e., the Hamiltons cannot prove a dangerous level of mold existed, a state Sanitary Code violation or a materially unsafe condition in their apartment), this count, which is simply a recasting of allegations in other earlier counts, cannot survive AvalonBay’s motion. Count IX