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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)

Citation
Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
Parent Document
Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
Jurisdiction
Massachusetts (state)
Effective Date
2012-07-09

Other Sections in This Document (67)

Full Text

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In response to a motion for reconsideration, however, the judge vacated his award of use and occupancy rent for the premises on September 1, 2007, stating “the court finds that the landlord had already adjudicated the claim in Lowell District Court (Case No. 07-SC-2907) seeking one day’s rent for September 1, [2007,] and that after a Small Claims trial, the court found for the tenant on the landlord’s claim. Under the doctrine of res judicata, the landlord is not entitled to such an award from this court, and the tenant’s Motion for Reconsideration is allowed as to said claim.” Although the tenant argued that issue preclusion principles also barred the landlord’s argument that the tenant had not vacated until September 1, 2007 — the basis for the claim that $871.67 of the security deposit had been returned within thirty days of the end of the tenancy •— the judge left his damages award otherwise undisturbed.