Bardascino v. Gilbert

This is a summary process action by plaintiff Guy Bardascino (“the Landlord”) to recover possession of leased premises and unpaid rent. Defendants Keith P. Gilbert, Sr. and Ramona A. Campbell-Gilbert (“the Tenants”) counterclaimed, inter alia, for various breaches of the warranty of habitability and for unfair and deceptive practices in violation of G.L.c. 93A.

The record and the trial judge’s findings indicate that the Landlord, as trustee of a real estate trust, owned a building at 9 Lake Avenue in Woburn. Although the area was zoned for only single and two family dwellings, the Landlord’s…