§ 18

Citation: § 18
Parent Document: South Boston Elderly Residences, Inc. v. Moynahan (2017)
Jurisdiction: Massachusetts (state)
Effective Date: 2017-05-09
Original Source: https://www.courtlistener.com/opinion/4389766/south-boston-elderly-residences... ↗

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14
Moynahan also contends that the December, 2012, notice to
quit was served in retaliation for his ventilation complaint.
However, he has not articulated why he would have been entitled
to the presumption of retaliation set forth in G. L. c. 186,
§ 18, since the notice to quit was served more than six months
after he reported the ventilation issue to ISD. In any event,
because the second notice to quit was based on nonpayment of
rent, Moynahan is not entitled, for the purpose of his
counterclaim, to the presumption of retaliation. G. L. c. 186,
§ 18 ("receipt of any notice of termination of tenancy, except
for nonpayment of rent, . . . within six months after the tenant
has commenced . . . such . . .complaint shall create a
rebuttable presumption that such notice or other action is a
reprisal"[emphasis added]). Unaided by that presumption,
Moynahan is unable to demonstrate clear error in the judge's
finding that the December, 2012, notice to quit was not
undertaken in retaliation for his complaint. Although Moynahan
has argued that he lawfully withheld rent in escrow and that
therefore G. L. c. 239, § 8A, recognizes his right to bring a
claim pursuant to G. L. c. 186, § 18, he does not argue that
such withholding of rent restored the statutory presumption of
retaliation. We therefore need not consider that issue. See
Mass.R.A.P. 16(a).
15
Nothing in Klairmont v. Gainsboro Restaurant, Inc., 465
Mass. 165, 173-175 (2013), is to the contrary. That case
26 General's regulations, the Supreme Judicial Court has long recognized that a landlord can violate c. 93A based on a "substantial and material breach of the implied warranty of

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