Oaks v. King

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 as a breach of their right to quiet enjoyment, breach of the lease agreement, and G.L.c. 93A violations. At the close of the tenants’ case, the…