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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Homesavers Council of Greenfield Gardens, Inc. v. Sanchez, 70 Mass. App. Ct. 453 (2007)

Citation
Homesavers Council of Greenfield Gardens, Inc. v. Sanchez, 70 Mass. App. Ct. 453 (2007)
Parent Document
Homesavers Council of Greenfield Gardens, Inc. v. Sanchez, 70 Mass. App. Ct. 453 (2007)
Jurisdiction
Massachusetts (state)
Effective Date
2007-10-10

Other Sections in This Document (33)

Full Text

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After trial, the judge found that the landlord’s actions had wrongfully eliminated an essential feature of the tenancy and thus constituted interference with the tenant’s right of quiet enjoyment in violation of G. L. c. 186, § 14. Apparently applying the criteria of Agis v. Howard Johnson Co., 371 Mass. at *457144-145, the judge determined that the landlord’s violation had caused the tenant emotional distress; awarded $5,000 in emotional distress damages; and doubled the award under G. L. c. 93A. In addition, she awarded statutory damages of twenty-five dollars, see G. L. c. 93A, § 9, on the basis of her finding that the language of the landlord’s notice to quit had been unfair and deceptive; credited the landlord with $444.50 in unpaid rent; and awarded attorney’s fees (subsequently determined to be $7,036.63).