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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Cruz Management Co. v. Thomas, 417 Mass. 782 (1994)

Citation
Cruz Management Co. v. Thomas, 417 Mass. 782 (1994) 4.
Parent Document
Cruz Management Co. v. Thomas, 417 Mass. 782 (1994)
Jurisdiction
Massachusetts (state)
Effective Date
1994-05-12

Full Text

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4. Liability under G. L. c. 186, §14. Thomas claimed that conditions in her apartment violated the covenant of quiet enjoyment. See G. L. c. 186, § 14.7 Relying on Simon v. Solomon, 385 Mass. 91 (1982), the judge declined to find a violation of § 14 on the ground that it must be proved that a landlord was reckless in disregarding his tenant’s rights before liability may be imposed under that statute. Since the evidence indicated that the ineffectual attempts were made to respond to the tenant’s complaints, only negligent conduct was shown. In the judge’s opinion, this was not sufficient to establish liability under § 14. While Thomas acknowledges that she is not entitled to an additional award of actual damages under the statute, see Simon v. Solomon, supra at 108-110, she maintains that the conduct of Cruz Management *789violated its provisions, and that she was entitled, on this basis, to an award of attorney’s fees. We agree with Thomas.