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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kelly v. Jones, 80 Mass. App. Ct. 476 (2011)

Citation
Kelly v. Jones, 80 Mass. App. Ct. 476 (2011)
Parent Document
Kelly v. Jones, 80 Mass. App. Ct. 476 (2011)
Jurisdiction
Massachusetts (state)
Effective Date
2011-09-26

Full Text

1,099 chars
Rapoza, C.J.
The landlord, Donald S. Kelly, brought a summary process action against the tenants, Kevin Jones and Jason McDowell, for nonpayment of rent. The tenants counterclaimed, alleging, among other things, breach of warranty of habitability and interference with quiet enjoyment. After a bench trial, the judge found for the landlord on his claim for four months of unpaid rent for a total of $4,800, and found for the tenants on *477their counterclaims for breach of the implied warranty of habitability and, pursuant to G. L. c. 186, § 14, interference with their quiet enjoyment. On the counterclaims, the judge awarded damages of forty percent of the rent value to date totaling $4,528.54 for the breach of the warranty of habitability, and statutory damages of three months’ rent totaling $3,600 for the § 14 violation. The landlord appeals. We reverse so much of the judgment as finds in favor of the tenants on their § 14 counterclaim and awards them $3,600, as it was neither supported by the judge’s findings nor warranted on the evidence before her. In all other respects, we affirm.