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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[13] Allen
testified at trial that at some point the hot water heater ceased working for a
second time, but he did not inform 133 West Main or Mayer about it.  Ashley also testified to certain electrical
issues that arose, but she likewise testified that she did not relay those
concerns to 133 West Main or Mayer.  See
G. L. c. 239, § 8A ("Whenever any counterclaim or claim of
defense under this section is based on any allegation concerning the condition
of the premises or the services or equipment provided therein, the tenant or
occupant shall not be entitled to relief under this section unless:  [1] the owner or his agents, servants, or
employees, or the person to whom the tenant or occupant customarily paid his
rent knew of such conditions before the tenant or occupant was in arrears in
his rent").

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