Mass. Chapter 93A And Non-Owner-Occupied Properties

In a previous post we highlighted that landlords of non-owner-occupied properties must navigate both specific Massachusetts landlord-tenant laws and Chapter 93A. A recent case, Pennetti v. Beauregard, reaffirmed this when the Appeals Court of Massachusetts upheld a Housing Court judgment in favor of tenants on their Chapter 93A counterclaim.

The case began when the landlord sought to evict tenants from a three-family unit. In response, the tenants stopped paying rent and counterclaimed, alleging that the landlord (1) retaliated against them for complaining about cross-metering electricity, (2) breached the warranty of habitability, and (3) violated Chapter 93A. The latter two claims were based on defects in the common areas and the landlord's failure to replace a door damaged from an attempted break-in, which was temporarily covered with "a plywood board secured with only a 'slide chain' inside the apartment" for over 30 days. The Housing Court ruled in favor of the