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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Lindquist v. Stella, 111 N.E.3d 304 (2018)

Citation
Lindquist v. Stella, 111 N.E.3d 304 (2018) 3.
Parent Document
Lindquist v. Stella, 111 N.E.3d 304 (2018)
Jurisdiction
Massachusetts (state)
Effective Date
2018-09-10

Full Text

976 chars
3. Retaliation. A tenant is entitled to a rebuttable presumption of retaliation if his landlord takes certain actions within six months of the tenant's engaging in protected activities. See South Boston Elderly Residences, 91 Mass. App. Ct. at 468. A landlord can rebut the presumption "only by clear and convincing evidence that [her] action was not a reprisal against the tenant and that [she] had sufficient independent justification for taking such action, and would have in fact taken such action, in the same manner and at the same time the action was taken, regardless of tenants engaging in" protected activities. G. L. c. 186, § 18, as appearing in St. 1978, c. 149, § 1. Upon a finding of retaliation, the landlord "shall be liable for damages which shall not be less than one month's rent or more than three month[s'] rent, or the actual damages sustained by the tenant, whichever is greater, and the costs of the suit, including a reasonable attorney's fee." Ibid.