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

Full Text

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Stella suggests that, even had he consented to the cross-metering, Lindquist is still liable under G. L. c. 186, § 14, because of her failure to comply with certain provisions of the code -- for example, the requirement of a written agreement before a landlord can transfer responsibility for cross-metered utilities to a tenant. But Stella cites no case supporting the proposition that a violation of the code is alone sufficient to establish liability under G. L. c. 186, § 14. We note that in Al-Ziab v. Mourgis, 424 Mass. 847, 851-852 (1997), the Supreme Judicial Court held that "to support the imposition of liability under [G. L. c. 186, § 14 ], there must be a showing of at least negligent conduct by a landlord and violation of the lead paint statute alone is not sufficient to prove such negligence." In any event we think that this issue should be decided, if necessary, by the judge in the first instance.