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KELLY v. JONES

No. 10-P-1162.

80 Mass. App. Ct. 476 (2011)

DONALD S. KELLY v. KEVIN JONES & another.

Appeals Court of Massachusetts, Suffolk.

September 26, 2011.

Attorney(s) appearing for the Case

Donald J. Bertrand for the plaintiff.

Jason McDowell , pro se.

Kevin Jones , pro se.

Present: RAPOZA, C.J., KAFKER, & FECTEAU, JJ.

RAPOZA, C.J.

The landlord, Donald S. Kelly, brought a summary process action against the tenants, Kevin Jones and Jason McDowell, for nonpayment of rent. The tenants counterclaimed, alleging among other things, breach of warranty of habitability and interference with quiet enjoyment. After a bench trial, the judge found for the landlord on his claim for four months of unpaid rent for a total of $4,800, and found for the tenants on

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