Baldacci v. Copley Management & Development Corp.

Billings, Thomas P., J.

For the reasons that follow, Defendant’s Motion to Dismiss is DENIED.

BACKGROUND

The Complaint alleges the following facts, here taken as true. The plaintiff was a tenant in a Boston studio apartment in a building belonging to the defendant. She signed a one-year lease (September 1, 2013 to August 31, 2014) in which she agreed to pay rent of $16,800, in monthly installments of $1,400 each.

When her upstairs neighbor “increasingly made loud and disruptive noises as all hours of the night,” the plaintiff decided to move out. An addendum to the lease provided, at paragraph…