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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Youghal, LLC v. Entwistle (2020)

Citation
Youghal, LLC v. Entwistle (2020)
Parent Document
Youghal, LLC v. Entwistle (2020)
Jurisdiction
Massachusetts (state)
Effective Date
2020-03-23

Full Text

834 chars
a. Covenant of quiet enjoyment. The tenants claim that
the judge erred in denying relief on their counterclaim for
breach of the covenant of quiet enjoyment. See G. L. c. 186,
§ 14. That statute provides that "[a]ny lessor or landlord of
any building or part thereof occupied for dwelling purposes
. . . 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, and the costs of the
action, including a reasonable attorney's fee . . . ." Id. The
covenant protects a tenant from "serious interference with his
tenancy -- acts or omissions that impair the character and value
of the leasehold." (citations omitted). Doe v. New Bedford
Housing Auth., 417 Mass. 273, 285 (1994).