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
Original Source: https://www.courtlistener.com/opinion/4738554/youghal-llc-v-entwistle/ ↗

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The tenants contend that their right to quiet enjoyment was
violated in myriad ways. They allege that they were responsible
for payment of electricity used in common areas; that they were
responsible for their own heat and hot water without a written
agreement to do so; and that certain conditions associated with
the premises, including a purported lack of a secondary means of
egress and issues associated with smoke and carbon dioxide
detectors, all interfered with their quiet enjoyment of the
premises. After a two-day trial, however, the judge determined
that the claims were without merit. Among other things, the
judge concluded that there was no credible evidence that
utilities were not furnished to the tenants or that they paid
for common area electricity. The judge also found, however,
that the tenants paid for heat and hot water at the premises
without a written agreement to do so, as required by the State
sanitary code, 940 Code Mass. Reg. § 3.17. See Poncz v. Loftin,
34 Mass. App. Ct. 909, 910-911 (1993). Nonetheless, the judge
concluded that the lack of a written agreement regarding
utilities did not interfere with the tenants' quiet enjoyment of
the premises. There was no error in the judge's conclusion that

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