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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

859 chars
b. Unfair or deceptive business practices. Although the
judge concluded that the lack of a written agreement concerning
payment of utilities did not violate the covenant of quiet
enjoyment, she did find that the omission violated the State
sanitary code, see 940 Code Mass. Regs. § 3.17, and, therefore,
G. L. c. 93A. See Poncz, 34 Mass. App. Ct. at 910-911. For
this violation, the judge awarded nominal damages and reasonable
attorney's fees, giving the tenants the option to file a motion
for attorney's fees before final judgment entered. On appeal,
the tenants claim a variety of other violations of the same
regulation, which they likewise claim violate G. L. c. 93A. As
best we can discern, however, each of these bare allegations
depends on a view of the facts different from those found by the
judge, after trial. We decline to consider them further.