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Appeals Court hears landlord–tenant dispute over rental accounting and attorneys’ fees under c.93A and c.186 §14
Summary
In Goose v. Hyestan Industries, counsel disputed whether payments created a tenancy, whether a later ledger and notice accurately stated rent owed, and whether the trial judge properly applied Lodestar fee analysis when awarding attorneys’ fees after tenants prevailed on possession and statutory claims.
The Appeals Court heard competing arguments in Goose v. Hyestan Industries about whether the landlord lawfully sought retroactive rent and whether the trial court properly calculated attorneys’ fees after tenants Angela and Christopher Guz prevailed on counterclaims.
Appellate counsel Joel Feldman argued that the trial court erred in cutting the fee request (from the petitioned $12,000) based on a perceived "disproportionality" between low statutory damages and hours expended, without following Lodestar analysis or sufficiently…
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