Belval v. O'loughlin, No. Spwa 9310-12711 (Dec. 15, 1993)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] Memorandum of Decision The plaintiff brought this summary process action claiming non-payment of the rent that was due on September 1, 1993. The defendants filed two special defenses. The first special defense claimed the defendants had no obligation to tender rent to the plaintiff since there existed conditions in the premises that violated provisions of State law, specifically, misplaced smoke detectors. The defendants' second special defense was withdrawn on the second day of trial.

The court finds during the month…