Massachusetts Superior Court February 5, 2010, No. 04CV0636F (Avalonbay Communities, Inc. v. Hamilton)

Curran, Dennis J., J.

Introduction

AvalonBay, which manages residential apartments, filed a two-count complaint alleging trespass and breach of contract against Paul Hamilton because he refused to leave an apartment unit after his right to use it had been terminated. It sought principally to recover the use of the apartment and coincidentally, *437damages for the loss of the unit’s use.