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MGL 93A Question - can a landlord assert a claim under this section?

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TMoney777

Junior Member
Massachusetts issue -

Every case I've read involving deceptive and unfair conduct under MGL c. 93A sec. 2 & 11 has dealt with a tenant-consumer asserting a 93A claim against the landlord. All discussion in Mass Practice texts is directed at what conduct is not allowed for a landlord. Yet, is it possible for a landlord to assert a deceptive and unfair conduct claim under 93A sec. 11 against a tenant who breached a lease agreement? Assume that plaintiff-landlord would argue deceptive/unfair conduct on the part of the tenant for making false buildings and grounds complaints just as a way to escape/breach the lease.

Thanks for any insight.
 


HomeGuru

Senior Member
Massachusetts issue -

Every case I've read involving deceptive and unfair conduct under MGL c. 93A sec. 2 & 11 has dealt with a tenant-consumer asserting a 93A claim against the landlord. All discussion in Mass Practice texts is directed at what conduct is not allowed for a landlord. Yet, is it possible for a landlord to assert a deceptive and unfair conduct claim under 93A sec. 11 against a tenant who breached a lease agreement? Assume that plaintiff-landlord would argue deceptive/unfair conduct on the part of the tenant for making false buildings and grounds complaints just as a way to escape/breach the lease.

Thanks for any insight.

**A: post your specific issue.
 

Zigner

Senior Member, Non-Attorney
Massachusetts issue -

Every case I've read involving deceptive and unfair conduct under MGL c. 93A sec. 2 & 11 has dealt with a tenant-consumer asserting a 93A claim against the landlord. All discussion in Mass Practice texts is directed at what conduct is not allowed for a landlord. Yet, is it possible for a landlord to assert a deceptive and unfair conduct claim under 93A sec. 11 against a tenant who breached a lease agreement? Assume that plaintiff-landlord would argue deceptive/unfair conduct on the part of the tenant for making false buildings and grounds complaints just as a way to escape/breach the lease.

Thanks for any insight.

What class is this for?
 

Mass_Shyster

Senior Member
Mass. Gen. Laws, Chapter 93a is titled "REGULATION OF BUSINESS PRACTICES FOR CONSUMERS PROTECTION".

It stands to reason that in a landlord-tenant relationship, the landlord is the business and the tenant is the consumer.

I was also unable to locate any cases where a landlord sued a tenant under 93a.
 

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