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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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As provided in G. L. c. 186, § 14, as amended by St. 1973, c. 778, § 2, any landlord who “willfully or intentionally fails to furnish . . . heat. . . or . . . who directly or indirectly interferes with the quiet enjoyment of any residential premises by the occupant . . . shall ... be liable for actual and consequential damages or three month’s rent, whichever is greater.” On this claim, unlike on the count for breach of the implied warranty of habitability, the judge found facts without *301reference to the housing specialist’s report. The judge found that the landlord’s unworkmanlike repairs forced the tenants to Uve in one bedroom for three months. See Cruz Mgmt. Co. v. Thomas, 417 Mass. 782, 789 (1994) (failure to repair defects violates G. L. c. 186, § 14). The judge also found that the tenants were without adequate heat in March and October. See Lowery v. Robinson, 13 Mass. App. Ct. 982, 982 (1982) (landlord’s failure to provide heat during heating season violates covenant of quiet enjoyment). He therefore awarded statutory damages of three months’ rent.