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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Abdeljaber v. Gaddoura, 60 Mass. App. Ct. 294 (2004)

Citation
Abdeljaber v. Gaddoura, 60 Mass. App. Ct. 294 (2004)
Parent Document
Abdeljaber v. Gaddoura, 60 Mass. App. Ct. 294 (2004)
Jurisdiction
Massachusetts (state)
Effective Date
2004-01-07

Other Sections in This Document (29)

Full Text

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Also on December 17, 2001, the judge issued his findings of fact and order for judgment, which included the following: “Based on the report of the Housing Specialist the Court finds a material breach of the implied warranty of habitability from March through December [of 2001] that has the effect of diminishing the value of the tenancy by 40% for that period or by $2400.” He also found a breach of the covenant of quiet enjoyment in violation of G. L. c. 186, § 14, because “the [landlord] himself attempted to do most of the repairs in the early months of the tenancy. Not only were these repairs not done in a good and workmanlike manner but the [tenants] (husband, wife and eight year old child) were forced to live in one bedroom for three months.” Furthermore, “during the heating season,” in March and October, the tenants “were without adequate heat.” He awarded the tenants statutory damages of three months’ rent, which totaled $1,800, plus attorney’s fees.