Brendan Lopes and another (Tiffany Mendes) v. Tonia Williams
Appellate Division of the District Court: Southern Division
November 15, 2010
Docket No: 09-ADMS-40028
Tenant-Landlord, Security Deposit, Housing Assistance Corporation
Brendan Lopes and Tiffany Mendes ("landlords") brought a summary process action to evict their tenant Tonia Williams ("tenant"). While the issue of possession was rendered moot at trial because tenant had already vacated the premises, the issues for the trial judge were limited to tenant's counterclaim for breach of warranty of habitability, breach of the covenant of quiet enjoyment, and violations of the security deposit law, G.L. c. 186, sec. 15B. The trial judge found in favor of the landlords in the issues of security deposit, habitability, and quiet enjoyment and against the landlords in any other claim they had against tenant in the action. The trial judge issued a memorandum of decision outlining his finding on the security deposit claims and justified his decision in the other matters as "I find no other claims or counterclaims for either party."
The tenant appeals and argues that only $1,465.00 of her payments to the landlord should be viewed as security deposit funds, the judge erred in awarding damages to her based upon how the landlords handled her security deposit, and objects to the judge's failure to rule specifically on her request for rulings on her counterclaims.
The Appellate Division affirms the trial judge's determination that tenant's security deposit was limited to $1465.00; vacates the trial court's decision on the tenant's security deposit claims and orders judgment for the tenant in the amount of $4,395.00; returns the case to the trial court for a determination of attorney's fee's; and orders a new trial on the tenant's counterclaims for breach of warranty of habitability, failure to provide utilities, and breach of covenant of quiet enjoyment.
