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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[7] General Laws
c. 93A, § 1 (b), defines trade and commerce to
"include" the "rent or lease" of real property.  Insofar as there is no dispute that 133 West
Main ultimately rented the premises to the Kimballs, the conduct at issue would
seem to fall within the plain language of the statute.  See McGrath v. Mishara, 386 Mass. 74, 86
(1982) ("The protection of c. 93A clearly extends to lessors of real
property, see G. L. c. 93A, § 9 [1], and thus to the
landlord-tenant relationship"). 
However, as the Supreme Judicial Court has clarified, such is not always
the case because § 1 of the statute must be read together with § 2,
which requires us to consider whether the act or practice at issue occurred in
a business context.  See Lantner, supra
at 608-611.

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