133 WEST MAIN STREET REALTY, LLC v. ALLEN KIMBALL & Another (2025)

Citation: 133 WEST MAIN STREET REALTY, LLC v. ALLEN KIMBALL & Another (2025)
Parent Document: 133 WEST MAIN STREET REALTY, LLC v. ALLEN KIMBALL & Another (2025)
Jurisdiction: Massachusetts (state)
Effective Date: 2025-02-14
Original Source: https://www.courtlistener.com/opinion/10333571/133-west-main-street-realty-ll... ↗

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NEYMAN, J. 
The plaintiff, 133 West Main Street Realty, LLC (hereafter, 133 West
Main or landlord), brought a summary process action to recover possession of a
premises located at 133 West Main Street in Merrimac and damages for unpaid
rent.  The defendants, Allen and Ashley
Kimball (referred to individually by their first names and collectively as the
Kimballs or tenants), filed an answer asserting various affirmative defenses
and counterclaims.  Following a trial in
the Housing Court, a judgment issued awarding the landlord unpaid rent and
costs and awarding the tenants possession along with damages for a violation of
the State sanitary code and G. L. c. 93A (c. 93A), breach of the
implied warranty of habitability, and partial attorney's fees under
c. 93A.  On appeal, we consider
whether the judge erred in (1) determining that the rental activity in which the
landlord was engaged constituted "trade or commerce" within the
meaning of G. L. c. 93A, § 2; (2) awarding actual rather than
nominal damages for the c. 93A violation predicated on the State sanitary
code violation; and (3) failing to add interest to the landlord's back rent
award under G. L. c. 239, § 8A. 
We affirm in part, vacate in part, and remand.

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