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 also contend that 133 West
Main failed to provide adequate heating facilities.  This argument likewise fails for several
reasons.  First, the judge made no such
finding.  Second, the argument ignores
the explicit determination that the violation of the State sanitary code and
c. 93A for failing to reduce to writing the Kimballs' obligation to pay
for utilities did not constitute a violation of the Kimballs' quiet enjoyment
of the premises.[11]  Third, the Kimballs
point to evidence at trial to the effect that on moving into the premises in
2009, Allen had to use space heaters and fix the heating system;[12] the
Kimballs experienced various electrical issues such as "breakers
popping"; and other heating issues arose during their tenancy.  Here again, the judge's findings either
contradict these claims or do not support them.[13]

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