Elliott v. Chaouche

This is a no-fault summary process action. Judgment was entered for the plaintiff-landlord on his complaint for possession and on the defendant-tenant’s counterclaim for breach of the implied warranty of habitability. The court also awarded $700.00 in rent on a claim waived by the plaintiff prior to trial. The defendant has appealed pursuant to Dist./Mun. Cts. R. A. D. A., Rule 8C.

The defendant resided with his wife and infant daughter in a second-floor apartment he rented for $700.00 per month in a building' owned by the plaintiff at 66 Putnam Street in Somerville. The plaintiff was aware…