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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The Kimballs made their final rent payment
in late January 2022, and as of February 5, 2022, were behind on rent.  On June 26, 2023, 133 West Main commenced the
present summary process action against the Kimballs.  On August 24, 2023, the Kimballs filed their
answer and counterclaims alleging breach of the warranty of habitability,
breach of the covenant of quiet enjoyment, misrepresentation, and violation of
c. 93A.  The Kimballs also raised
affirmative defenses including "illegal rental" for failing to obtain
an occupancy permit prior to the tenancy as required by the regulations of the
town of Merrimac, and retaliation.

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