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

Citation: Cruz Management Co. v. Thomas, 417 Mass. 782 (1994)
Parent Document: Cruz Management Co. v. Thomas, 417 Mass. 782 (1994)
Jurisdiction: Massachusetts (state)
Effective Date: 1994-05-12
Original Source: https://www.courtlistener.com/opinion/6576677/cruz-management-co-v-thomas/ ↗

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Under G. L. c. 93A, § 9 (3) (1992 ed.), a plaintiff prevailing on a c. 93A claim may be awarded “up to three but not less than two times [the actual damages] if the court finds that the use or employment of the act or practice was a willful or knowing violation ... or that the refusal to grant relief upon demand was made in bad faith.” Here, the judge found that Cruz Management made repeated attempts to repair the defects in the apartment, and that a number of defects were *791repaired, only to reoccur. It was open to the judge to conclude that conditions in the leased premises were attributable to negligent attempts at repair, and not to a knowing or wilful disregard of the conditions in the apartment. Cruz Management’s attempts at repair also support the conclusion that there was no bad faith refusal to respond to the tenant’s complaints. Compare Brown v. LeClair, 20 Mass. App. Ct. 976, 980 (1985) (no investigation or other response after receipt of c. 93A demand letter). The judge was not required to award double or treble damages.9

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