South Boston Elderly Residences, Inc. v. Moynahan (Lawyers Weekly No. 11-054-17)
Tenant's counterclaims for habitability breach, retaliation, and consumer protection violations following eviction for unpaid rent.
1105417
South Boston Elderly Residences, Inc. v. Moynahan (Lawyers Weekly No. 11-054-17)
Landlord breached implied warranty of habitability by failing to remedy moisture and ventilation problems. Retaliation presumption not rebutted by clear and convincing evidence. Damages must account for tenant's actual harm, not average sensibility.