OAKS v. KING


2007 Mass. App. Div. 174 (2007)

Avalon Oaks v. Susan King, and another

Massachusetts Appellate Division, Northern District.

November 14, 2007.


Attorney(s) appearing for the Case

Jeffrey C. Turk for the plaintiff.

John S. Wessler for defendant Susan King.

Present: Greco, P.J., Coven & Brennan, JJ.


Coven, J.

In this summary process action, stipulations by the parties established the plaintiff-landlord's prima facie case for possession. The case proceeded to trial on the defendant-tenants' claim that they were entitled to withhold rent under G.L.c. 239, §8A because an unremediated mold condition on the premises constituted a breach of the implied warranty of habitability. The tenants also counterclaimed for breach of the warranty of habitability as well...

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