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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On October 16 and 20, 2023, a two-day
bench trial was held in the Housing Court. 
On November 20, 2023, the trial judge issued findings of fact, rulings
of law, and an order for entry of judgment. 
The judge awarded 133 West Main $24,640 in unpaid rent and for the
Kimballs' use and occupancy, and $238.60 in court costs, but he did not award
interest.  On the counterclaims, the
judge awarded the Kimballs damages of $1,680 for 133 West Main's breach of the
warranty of habitability "due to the presence of lead paint at the
[p]remises."  On the c. 93A
counterclaim, the judge found that 133 West Main was "in trade or commerce
with [the Kimballs]," and he awarded the Kimballs $9,487.34 "doubled,
for a total award $18,974.68," for violation of the State sanitary code by
failing to reduce to writing the Kimballs' obligation to pay for utilities,
which the judge found constituted a violation of c. 93A.  The judge also awarded attorney's fees to the
Kimballs in the amount of $1,505 for the c. 93A violation.[5]  The judge concluded that 133 West Main's
violation of the State sanitary code did not interfere with the Kimballs' quiet
enjoyment of the premises and denied relief on that claim, as well as on the
Kimballs' remaining claims of misrepresentation, retaliation, and illegal
rental.  On December 8, 2023, the judge
issued an amended order for entry of judgment[6] delineating the damages
described above, and ordering that "[i]n accordance with G. L.
c. 239, § 8A, if the [Kimballs] deposit $4,223.92 with the Clerk's
Office of this Court within ten (10) days from the date of this order . . .
, judgment shall enter for the [Kimballs] for possession and the monies will be
disbursed by the Court to [133 West Main]" (emphasis in original).  The Kimballs paid the required deposit, and
on December 21, 2023, judgment for the Kimballs entered.  133 West Main filed a timely notice of
appeal.

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