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COMMONWEALTH OF MASSACHUSETTS
WORCESTER, ss SUPERIOR COURT DEPARTMENT
OF THE TRIAL COURT
CIVIL ACTION NO. 2485CV 00367 B
KAREN LEVITRE and
GARY LEVITRE,
Plaintiffs
FILED
MAR 25 2024
RYAN LEVITRE and
“ A Hun, CLERK
MICHELLE LEVITRE,
Defendants g|
[ (
VERIFIED COMPLAINT AND DEMAND FOR JURY TRIAL
Parties, Jurisdiction, and Venue
Plaintiffs, Karen Levitre and Gary Levitre (“Plaintiffs”) are individuals with a primary
address of 1 Valley Road, Wells, ME 06090.
Defendant Ryan Levitre is a Massachusetts resident with a primary address of 79 Whitins
Road, Sutton, Worcester County, MA 01590.
Defendant Michelle Levitre is a Massachusetts resident with a primary address of 28
Ward Street, Auburn, Worcester County, MA 01501.
The premises in question is 79 Whitins Road in Sutton MA (the “Premises”).
Massachusetts has jurisdiction over the parties pursuant to M.G.L. c. 223A §§2 and 3.
This Court has jurisdiction over this matter pursuant to M.G.L. c. 218 §4.
Venue is appropriate because the parties transacted business with each other in Worcester
County, and the Defendants reside in Worcester County.
Facts
8. Plaintiffs restate the foregoing paragraphs and incorporate them herein.
9. On September 16, 2018, the Parties entered into a residential lease agreement
(“Agreement”), attached as Exhibit 1, which took effect on November 1, 2018.
10. Pursuant to the express terms of the Agreement, Defendants agreed to lease an in-law
suite at the Premises, located at 79 Whitins Road, Sutton, MA 01590 to the Plaintiffs for a
term of twenty-seven (27) years beginning on November 1, 2018 and ending at 12
o’clock midnight on November 1, 2045. Exhibit 1, p. 1.
11. Further pursuant to the express terms of the Agreement, Plaintiffs were to lease the
Premises for a total sum of one hundred twenty-eight thousand seven hundred twenty-
five dollars ($128, 725.00). Exhibit 1 p. 1.
12. The total sum was paid by Plaintiffs to Defendants in two installments.
13. The first installment was paid on or about October 2, 2018. Exhibit 2.
14. The second installment was paid on or about January 18, 2019. Exhibit 3.
15. According to the Agreement, Defendants retained the right to terminate the Agreement at
any time, and in the event that Defendant elected to terminate the Agreement prior to its
expiration, they were to pay Plaintiffs a termination penalty. Exhibit 1 p. 2.
16. The termination penalty was a sum certain calculated according to an express provision
of the agreement and was based upon the year in which the termination was elected by
Defendants. Exhibit 1 p. 2.
17. According to the agreement, the termination penalty for termination which occurred in
2023 is $108, 129.00. Exhibit 1 p. 7.
18. On November 6, 2023, Plaintiffs received written notice of the termination of their
written lease, effective December 1, 2023. Exhibit 4.
19. Plaintiffs vacated the premises on February 12, 2024.
20. As a result of having to vacate the premises, Plaintiffs have incurred additional costs,
including moving costs.
21. To date, no termination penalty has been paid to the Plaintiffs and the unpaid arrears
equal approximately $108,129.00.
22. Instead of fulfilling her contractual obligations, Defendant Michelle Levitre has asserted
baseless claims that Plaintiffs are not entitled to the termination penalty as required by the
lease agreement.
23.Upon information and belief, Defendants have initiated the process of selling said
property, with Laurie Ann Babbitt-Strapponi of Keller Williams Realty, License
#9024579.
COUNT I
Breach of Contract
Both Defendants
24, Plaintiffs restate the foregoing paragraphs and incorporate them herein.
25. As described above, the Defendants have breached their contract with the Plaintiffs, and
are liable to the Plaintiffs for their damages as a result of this breach.
26. As a result of Defendants’ actions, Plaintiffs suffered consequential damages, including
costs associated with vacating the Premises.
27. Asa result of Defendants’ actions, they are liable to Plaintiffs for the termination penalty
amount, interest on that amount at the statutory 12% per annum, Plaintiffs’ consequential
damages, and other damages so proven at trial.
COUNT I
Unjust Enrichment/Quantum Meruit
Both Defendants
28. Plaintiffs restate the foregoing paragraphs and incorporate them herein.
29. As a result of the Defendants' actions, they have been unjustly enriched by their willful
failure to pay Plaintiffs the termination penalty as expressly required by the Agreement.
30. As a result of Defendants’ actions, Plaintiffs suffered consequential damages, including
costs associated with vacating the Premises.
31. As a result of Defendants’ actions, they are liable to Plaintiffs for all damages incurred by
them as a result, including without limit the termination penalty amount, interest on that
amount at 12% per annum, consequential damages, and other damages so proven at trial.
COUNT III
Breach of Covenant of Good Faith and Fair Dealing
Both Defendants
32. Plaintiffs restate the foregoing paragraphs and incorporate them herein.
33. Defendants’ actions constitute a breach of the covenant of good faith and fair dealing,
where they have intentionally denied Plaintiffs the fruits of the contract in an arbitrary
and capricious manner, and/or in bad faith.
34. As a result of Defendants’ actions, Plaintiffs suffered consequential damages, including
costs associated with vacating the Premises.
35. As a result of these actions, Defendants are liable to Plaintiffs for the termination penalty
amount, 12% interest per annum on said amount, consequential damages, and other
damages so proven at trial.
WHEREFORE, Plaintiffs request that the Court award it the following relief:
A) The full amount of their damages incurred as a result of the Defendants’ breach of
contract, including without limit actual damages, consequential damages, punitive
damages and other damages so proven at trial;
B) Such other and further relief as the Court deems appropriate.
THE PLAINTIFFS DEMAND A JURY TRIAL AS TO ALL ISSUES SO TRIABLE.
Respectfully Submitted,
Karen Levitre and
Gary Levitre,
By their Attorney,
UC .-—
Rebecca M. Baker (BBO#712812)
Murphy & Rudolf, LLP
446 Main Street, Suite 1503
Worcester, MA 01608
T: (508) 425-6330
F: (508) 536-0834
E: baker@murphyrudolf.com
Dated: BYLS [2M
| VERIFICATION OF COMPLAINT
L Karen Levitre, do hereby swear and affirm J have read the attached Verified Complaint and
certify that the facts and allegations therein are true and correct to the best of my knowledge and
belief. I further certify that no material facts of which I have personal knowledge have been
omitted from the Verified Complaint.
Signed under the pains and penalties of perjury this the 28 of MOrCJn\ 2024
Lfs| Cowen Lene (2m)
1 Gary Levitre, do hereby swear and affirm I have read the attached Verified Complaint and
certify that the facts and allegations therein are true and correct to the best of my knowledge and
belief. I further certify that no material facts of which I have personal knowledge have been
omitted from the Verified Complaint.
Signed under the pains and penalties of perjury this the2s SOF Mals2024,
fs} any weritre Ue)
EXHIBIT 1
RESIDENTIAL LEASE AGREEMENT
THIS LEASE AGREEMENT (hereinafter referred to as the “Agre
ists
ement"). made
and énteted into this day of Sv ptenbee
and between RYAN LEVITRE ANI ID MICHELLE LEVITRE (herein > 2018, by
after
as "Landlord") and KAREN LE ‘VITRE AND GARY LEVITRE (herei r eferred to
nafter referred to
as "Tenant").
WITNESSETH:
WHEREAS, Landlord is the fee owner of ertain real proper
ty being, lying-and
situated in Sutton, MA, such real property having a Street
address of 79 Whitins Road,
Sutton, MA 01590, and further described as an In-Law Suite. (hereinafter referre
d to as
the "Premises").
WHEREAS, Landlord desires to lease the Prem: ‘ises to Tenant upon
the terms and
conditions as contained herein; and
WHEREAS, Tenant desires to lease the Premises’from Landlo
rd on the terms
and conditions as contained herein;
NOW, THEREFORE, for and in consideration of the covenan
ts and. obligations
contained herein and other good and valuable considerati on, the réceipt
and sufficiency
of which is hereby acknowledged, the parties hereto here by agree as follows:
1 TERM. Landlord leases to Tenant and Ten: arit leases from Landlord the
above described
Premises together with any and all app urtenances thereto, for a term of 27 YEARS, such
term beginning on November 1°, 2018 and endi ing at12 o'clock midnight on
November 15, 2045.
RENT., The total rént for the term hereof is th .sum of ONE HUNDRED TWENTY
THOUSAND SEVEN HUNDRED TWENTY F IVE DOLLARS ($128,725). EIGHT
Uniess
otherwise agreed to by the parties, the entire sum is to be paid in.a single
installment on
November 1*, 2018. Any alterations to.this te te! rm shall be made in writing.
USE OF PREMISES. The Premises: shall b @ used and occupied by GARY LEVITRE
AND KAREN, exclusively, as a private single family dwelling, and no part of the
Premises shall be.used at any time during the term:of this Agreemen
t by Tenant for the
purpose of carrying on any business, profession, or trade’ of an
y kid, or for any purpose
other than as a private single family dwelling. Tenant shall not allow any other person,
other than Tenant's immed iate family or transi relatives.and friends who are guests of
Tenant, to use.or accupy the. Premises withou! ing Landlord's written consent
to such use. Tenant shall comply with any and all laws,
rdinances, rules and orders of
‘any-and all governmental or quasi-g eromental authorities affecting
the Cleanliness,
Use, occupancy and preservation of the Premi
ASSIGNMENT AND SUB-LETTING, T:Fenant s| hall hot assign. this Ag reément, of sub-let
Of grant arly license fo use the Premis or any part thereof without t
consent of Landlord. A consent by Landlord to.on
prior ittéen
license. she alt not be di {éémed
uch assigny ub- g or
to-be-a consent torany'si subsequent assignimeni ‘Sub-letting
/
or lic hassignment, sub-letting oi nse ithout the prior written consent of
Landlord or‘an aSsignmerit or sub-letting by opérati Te f law shall be absolutely null and
void and shall, at Landlord’ 's option, terminate this Agreement.
ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to the
buildirigs or itiprovements.on the Prefnises or construct an y building
or make any other
improvements on the Premises without the prior written co nsent of Landlor
d. Any and all
alterations, ctianges, and/or improvernents built, construct fed or placed
on the Premises
by Tenant shall, unless otherwise provided. by written agre
ement between Landlord and
Tenant, be and. become the property of Landlord and remi iain on the Premis
es at the
expiration or earlier termination of this Agreement.
NON-DELIVERY OF POSSESSION. In the even it Landlord cannot deliver
possession of
the Premises to Tenant uy pon the commencement of the Lease term, through no
fault of
Landiord or its agents, th en Landlord or its agents shall have no liability,
but the rental
herein provided shall ab: ate. until possession is given. Landlord or its agents shall have
thirty (30) days in which to give possession, and if possession is terider
red within such
time, Tenant agrees to acce| pt the demised Premises and pay the rental herein provided
from that date. In the event possession cannot be delivered within such time, through no
fault of Landlord or its agen ts, then this: Agreement and all rights hereunder shall
terminate.
HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any
item of a
dangerous, flarnmablé or explosive character that might unreasonably increase
the
danger of fire or explosion on the Premises or that might be considered hazardou
s or
extra hazardoiis by any responsible insurarice compariy.
TERMINATION OF LEASE. Landlord retains the ri ight to terminate this agreement at any
time, In the event that Landlord elects to terminate the agreement, Landlord shall pay
tenant a termination penalty:as detailed in exhibitA. . The termination penaly shall remain
4
in force for the full term of the lease. This: provision shall expire if Tenant dies.
UTILITIES. Landlord shall be responsible for payment of the following utilities on behalf
of Tenant: Electric, Heat(oil), Garbage Removal, Propane, Snow- Plowing, internet,
Cable, and ADT Security. In exchan. ge for the aforementioned untilities, Tenant
agrees
to pay a monthly installment of SIX HUNDRED. SEVENTY FIVE DOLLARS ($675.00).
Each installment shall be be paid from Tenant to the Landlord on the first day of each
morith. The monthly installment of $675.00 shall stay in effect for the full term of the
lease. This installment shall be. reviewed by the parties every 5 years. The sum
of
$675.00 shall not be altered unless agreed to in-writing by both parties.
10. MAINTENANCE AND REPAIR; RULES. Tenant will, at its sole expense, keep and
maintain the Premises and appurtenances in good a! anitary condition.and repair
during the term of this Agreement and ary. renewal ther reof. Without limiting the
generality of the foregoing, Tenant shall:
(a) Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or
halls, which shall be used for the purposes of ingress and egress only;
(6) Keep all windows; glass, window coverings, doors, locks and hardware in
good; clean order and répair;
(©) Not obstruct-or cover the windows ox doors;
(@) Not leave windows or doors.in an open position during: any inclement
weatlier;
© Not hang any lamdry, clothing, sheets, etc. from any window, rail, porch
or balcony nor air or dry any of same. within any yard atea ot space;
® Not cause or permit any locks or hooks to be'placed upon any door or
wiridow without the prior written consent of Landlord;
(g) Keep all air coriditioning filtets clean and free from dirt;
@) Keep all lavatories, sinks, toilets, and all other water and plumbing
apparatus in good order and repair and shall use same only for the
purposes for which they were constructed: Tenant shall not allow any
sweepings, rubbish, sand, tags, ashes or other substances to be thrown
or deposited therein. Any damage to any such apparatus and the cost
of clearing stopped plumbing resulting from misuse shall be borne by
Tenant;
@ And Tenant's family and guests shall at all times maintain order in the
Premises arid at all placés on the Premises, and shall not make or
penmit any loud or improper noises, or otherwise disturb other
residents;
O Keep all radios, television sets, stereds,, phonographs, etc., turned down to
a level of sound that does not annoy or interfere with other residents;
® Deposit all trash, garbage, rubbish or refuse in the locations provided
therefor and shall not allow any trash, garbage, nibbish or refuse to be
deposited or permitted to stand on the exterior of any building or
within the common elements;
oO Abide by and be bound by any and all rules and regulations affecting the
Premises or the common atéa appurtenaiit thereto which may be.
adopted or promulgated by the Condominium or Homeowners!
Association having control over them.
11, DAMAGE TO PREMISES. in the event thé Prémises are destroyed or rendered wholly
uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence
of Tenant, this Agreement shall terminate from such ‘time except for the purpose of
enforcing rights that may have then accrued héreunder. The rental provided for herein
Shall then be accounted for by and betwéen Landlord and Teiant up to the time of such
injury or destruction of the Premises, Teriant paying rentals up to such date and Landlord
refunding rentals collected beyond such date. Should a portion of the Premises thereby
be rendered uninhabitable, the Landlord Shall have thié option of either repairing such —
injured or'damaged portion or terrinatirig. this Lease. In the event that Landlord
exercisés its right to repair such uninhabitable portion, the rental shall abate in the
proportion that the injured parts bears to the wiidle Premises, and such part so injured
shall be restored by Landlord as speedily as practicable, after which the full rent shail
Tecommencé and the Agrééement continue according ta its:terms.
12: PECTION OF PREMISES. Landlord and.Landlord’s agents shali have the fight at.all
teasonable times during the term of this: Agreement and.any renewal thereof to efiter the
Premises for the purpose of inspet rem II buildings:and irnprovements
thereon. And’ for the purposes of making any repairs; additions of alterations as may be
deemed appropfiate by. Lai Ofd for the preservatio: Of thie Premises or the building. .
The right of entry shall lik exist for the purp Of removing placards, signs, fixtures,
alterations or additions, that do not conform to thi Agreement or to
any restrictions, rules
or regulations affecting the Premises.
13. SUBORDINATION OF LEASE. This Agreément and Tenant's
interest hereunder are
and shall be subordinate, junior and inferior to any and all mortga
ges,
encumbrances now or hereafter placed on thé Premises by Landlord, liens or
all advances made
under any such moi rtgages, liens or encumbrances (including, but not limited
advances), the inter rest payable on such mortgages, liens or e to, future
ncumbrances and any and
all renewals, extensions or modifications of-such. mortgages, |
liens or encumbrances.
14. SURRENDER OF PREMISES. Upon the expiration of the term heréof,
Tenant shall
surrender the Premises in.as good a state and condition as they were
at the
commencement of this Agreement, reasonabl le use and wear and tear
thereof and
damages by the elements excepted.
15. ANIMALS. Tenant shall be entitled to kee; Pp no more than TWO (2) domestic dogs, cats
or birds.
16: QUIET ENJOYMENT. Tenant, upon payment of ail of thé sums teferred to
herein as
being payable by Tenant and Tenant's pefformance of all Tenant's agreements containe
d
herein and Tenant's observance of all tules and re gulations, shall and may peacefu
lly
and quietly havé, hold and enjoy said Premises fo: r the term hereof.
17. INDEMNIFICATION. Landlord shall not be liable for r any damage or injury of or to the
Tenant, Tenant's family, guests, invitees, Agénts or employees or to any person entering
the Premisés or the building of which the Premises are a part or to goods
or equipment,
orn the structure or equipment t of the structure of which the Premises are a part, and
Tenant hereby agrees to indem inify, defend and ho! Id Landlord harmless from
any and all
claims or assertions of every kind and nature.
18. DEFAULT. If Tenant fails to comply with any of the material provisions of this
Agreement, other than the-covenant to pay rent, or of any present rules and regulati
ons
or any that may be hereafter prescribed by Landlord,..or materially fails to comply with any
duties imposed on Tenant by Statute, within seven (7)-days after delivery of
written notice
by Landlord specifying the non-compliance and indicating the. inténtion of Landlord
to
terminate the Lease by reason thereof, Landlord may terminate this Agreemen
t.
19. ABANDONMENT. If at any time during the term of this Agiéement Tenant abandons the
Premises or any part thereof, Landlord may, at Landlord’ 's option, obtain possession of
the Premises in the mariner provided by law, and withol ut becoming liable.to Tenant
for
damages or for any payment of-any kind whatev . Landlord may, at Landlord's
discretion, as agent for Tenant, relet the Premises; or aly part thereof, for the whole
or
any part thereof, for the whole or any part of the then unex; pired term, and may receive
and. collect all rent payable by virtue of such réletting, and, at Landlord’ 's option, fold
Tenant liable for any difference between the rent that would have been payable under
this Agreement during the balance of the. unexpired teri, if this Agree ment had continued
‘in force, and the net rent for such period realized by Landlord by means of such relettinig.
‘if Landlord's right of reentry is exe ercised following abaridonment of the Premises by
Tenant, then Landlérd shall consider any personal property belonging to Tenant and left
on the Premises to-also have. been abandoned, Wi case Landlord may dispose.of
all such. pétsorial property in any manner Landlord shail deém proper.and Landlord is
hereby relievéd of all liability for doing so.
20. ATTORNEYS' FEES hould it becorné necéssary for indlord to émiploy an attorney to
éhforée any of the con ions of coveriants hereof, inclu : the. collectioti of rentals or
gaining possession of the Premises, Tenant agrees to pay all expense
s so incurred,
including a reasonable attorneys' fee..
21 RECORDING OF AGREEMENT. Tenant shi all riot record this Agreement on the Public
Records of any public offi In the everit that Tenant shail record this Agreement, this
Agreement shall, at Landlord’ 's option, terminate immediately and
Landlord shall be
entitled to all rights and remedies that it has at law or in equity:
22. GOVERNING LAW. This Agreement shall be governed, construed
and interpreted by,
through and under the Laws of the State of M: lassachuséits.
23. SEVERABILITY. If any provision of this At \greement or the applicat
ion thereof
any reason and to any extent, be invalid or uneni forceable, neither the remaind shalll, for
er of this
Agreement nor the ap plication of the. provision to other persons, entities or
circumstances
shall be affected ther eby, but instead shall be enforced to the maximum extent
permitted
by law:
24, BINDING EFFECT. The covenants, obli gations and conditions herein
contained shall be
binding on and inure to the benefit of the heirs, legal representatives, and assigns of the
parties hereto.
25. DESCRIPTIVE HEADINGS. The descri iptive headings used herein are for convenience
of reference only and they are not inten ded to. have any effect whatsoev
er in determining
the rights or obligations of the Landlord or Tenant.
26 CONSTRUCTION. The pronouns used herein shall include, where appropriate, either
gender or both, singular and plural.
27. NON-WAIVER. No indulgence, waiver, election or non-election by Landlord under this
Agreement shall affect Tenant's duties and liabilities hereunder.
28: MODIFICATION. The parties hereby agree that this. document contains the entire
agreement between the parties.and this Ag reement-shall not be modified, change
d,
altered or amended in any way exce} pt through’a written amendment signed
by all of the
parties hereto.
29. NOTICE. Any notice. Tequired or permitted under this Lease or under state law shall
be
deemed sufficiently given or setved if sent by United States certified mail, return
receipt
requested, addressed as follows:
if to Landlord to:
RYAN AND MICHELLE LEVITRE
79. WHITINS ROAD.
SUTTON, MASSACHUSETTS 01590
If to Tenant to:
GARY AND KAREN LEVITRE
79, WHITINS ROAD
‘SUTTON, MA 01590
Landlord and: Tenant shall each have: the right: fron time to time to change
the place
notice is to be giveri undér this paragraph by writteri no tice thereof to the other ‘party.
As to Landlord this] C? day of Seakinhee 2018
LANDLORD:
Sign: Date: afi Lit
sm Artasate 2 vate:_I/5/1F
Michelle A. Levitre
As to Tenant, this_i<) dayof _‘Svakabss 2018,
TENANT ("Tenant")
Sign: _ Ka Cir a Aol Date w, th Nit
Kartn A. Levitre
Sign: Aus:
ale. ey Date: 7 76
Gary R Levige
EXHIBIT A,
As detailed in clause 8 to the Agreement, Landlofd tetains thé-right to terminate this
agreement at any time. In the event that Landlord. cts t6 terminate the agreement, Landlord
shall pay tenant a termination penalty as detailed it A. The termination penalty will be
calculated based upon the year in which the terminati is elected.
- 2019 $128,725
- 2020: $128,725
2021 $128,725
2022: $113,278
2023: 108, 1
2024: $102,980
2025: $97,831
2026: $92,682
2027. $87,533
2028: $82,384
2029 $77,235
2030: $72,086
2031: $66,937
2032: $61,788
2033: $56,639
2034: $50,000
2035: $50,000
2036: $50,000
2037: $50,000
2038: $50,000
2039 $50,000
2040: $50,000
2041: $50,000
2042 $50,000
2043, $25,000
2044 $25,000
2045 (and beyond): $o
EXHIBIT 2 -
3 ree *
GARY R. LEVITRE ‘SS20/113.
6502
KAREN A: LEVITRE
72 LINCOLN: ROAQ uy
SUTTON, MA 01560 “ 4.
* ue wan 10/2
i, Ani 1 $92,000
Juensth be- a coities A EX
MILLBURY NATIONAL BANK
Mim MIG GURY ‘MASSACHUSETTS 01527"
Ley eT | ior, Y%
#04130520 2s S2 ees zi S02
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Seq: 175. 5
Batch: 24
Date: 10/ 18:
Seq: 881 > 10784718 \F
BA CG 49308 4428
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Preview
COMMONWEALTH OF MASSACHUSETTS WORCESTER, ss SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT CIVIL ACTION NO. 2485CV 00367 B KAREN LEVITRE and GARY LEVITRE, Plaintiffs FILED MAR 25 2024 RYAN LEVITRE and “ A Hun, CLERK MICHELLE LEVITRE, Defendants g| [ ( VERIFIED COMPLAINT AND DEMAND FOR JURY TRIAL Parties, Jurisdiction, and Venue Plaintiffs, Karen Levitre and Gary Levitre (“Plaintiffs”) are individuals with a primary address of 1 Valley Road, Wells, ME 06090. Defendant Ryan Levitre is a Massachusetts resident with a primary address of 79 Whitins Road, Sutton, Worcester County, MA 01590. Defendant Michelle Levitre is a Massachusetts resident with a primary address of 28 Ward Street, Auburn, Worcester County, MA 01501. The premises in question is 79 Whitins Road in Sutton MA (the “Premises”). Massachusetts has jurisdiction over the parties pursuant to M.G.L. c. 223A §§2 and 3. This Court has jurisdiction over this matter pursuant to M.G.L. c. 218 §4. Venue is appropriate because the parties transacted business with each other in Worcester County, and the Defendants reside in Worcester County. Facts 8. Plaintiffs restate the foregoing paragraphs and incorporate them herein. 9. On September 16, 2018, the Parties entered into a residential lease agreement (“Agreement”), attached as Exhibit 1, which took effect on November 1, 2018. 10. Pursuant to the express terms of the Agreement, Defendants agreed to lease an in-law suite at the Premises, located at 79 Whitins Road, Sutton, MA 01590 to the Plaintiffs for a term of twenty-seven (27) years beginning on November 1, 2018 and ending at 12 o’clock midnight on November 1, 2045. Exhibit 1, p. 1. 11. Further pursuant to the express terms of the Agreement, Plaintiffs were to lease the Premises for a total sum of one hundred twenty-eight thousand seven hundred twenty- five dollars ($128, 725.00). Exhibit 1 p. 1. 12. The total sum was paid by Plaintiffs to Defendants in two installments. 13. The first installment was paid on or about October 2, 2018. Exhibit 2. 14. The second installment was paid on or about January 18, 2019. Exhibit 3. 15. According to the Agreement, Defendants retained the right to terminate the Agreement at any time, and in the event that Defendant elected to terminate the Agreement prior to its expiration, they were to pay Plaintiffs a termination penalty. Exhibit 1 p. 2. 16. The termination penalty was a sum certain calculated according to an express provision of the agreement and was based upon the year in which the termination was elected by Defendants. Exhibit 1 p. 2. 17. According to the agreement, the termination penalty for termination which occurred in 2023 is $108, 129.00. Exhibit 1 p. 7. 18. On November 6, 2023, Plaintiffs received written notice of the termination of their written lease, effective December 1, 2023. Exhibit 4. 19. Plaintiffs vacated the premises on February 12, 2024. 20. As a result of having to vacate the premises, Plaintiffs have incurred additional costs, including moving costs. 21. To date, no termination penalty has been paid to the Plaintiffs and the unpaid arrears equal approximately $108,129.00. 22. Instead of fulfilling her contractual obligations, Defendant Michelle Levitre has asserted baseless claims that Plaintiffs are not entitled to the termination penalty as required by the lease agreement. 23.Upon information and belief, Defendants have initiated the process of selling said property, with Laurie Ann Babbitt-Strapponi of Keller Williams Realty, License #9024579. COUNT I Breach of Contract Both Defendants 24, Plaintiffs restate the foregoing paragraphs and incorporate them herein. 25. As described above, the Defendants have breached their contract with the Plaintiffs, and are liable to the Plaintiffs for their damages as a result of this breach. 26. As a result of Defendants’ actions, Plaintiffs suffered consequential damages, including costs associated with vacating the Premises. 27. Asa result of Defendants’ actions, they are liable to Plaintiffs for the termination penalty amount, interest on that amount at the statutory 12% per annum, Plaintiffs’ consequential damages, and other damages so proven at trial. COUNT I Unjust Enrichment/Quantum Meruit Both Defendants 28. Plaintiffs restate the foregoing paragraphs and incorporate them herein. 29. As a result of the Defendants' actions, they have been unjustly enriched by their willful failure to pay Plaintiffs the termination penalty as expressly required by the Agreement. 30. As a result of Defendants’ actions, Plaintiffs suffered consequential damages, including costs associated with vacating the Premises. 31. As a result of Defendants’ actions, they are liable to Plaintiffs for all damages incurred by them as a result, including without limit the termination penalty amount, interest on that amount at 12% per annum, consequential damages, and other damages so proven at trial. COUNT III Breach of Covenant of Good Faith and Fair Dealing Both Defendants 32. Plaintiffs restate the foregoing paragraphs and incorporate them herein. 33. Defendants’ actions constitute a breach of the covenant of good faith and fair dealing, where they have intentionally denied Plaintiffs the fruits of the contract in an arbitrary and capricious manner, and/or in bad faith. 34. As a result of Defendants’ actions, Plaintiffs suffered consequential damages, including costs associated with vacating the Premises. 35. As a result of these actions, Defendants are liable to Plaintiffs for the termination penalty amount, 12% interest per annum on said amount, consequential damages, and other damages so proven at trial. WHEREFORE, Plaintiffs request that the Court award it the following relief: A) The full amount of their damages incurred as a result of the Defendants’ breach of contract, including without limit actual damages, consequential damages, punitive damages and other damages so proven at trial; B) Such other and further relief as the Court deems appropriate. THE PLAINTIFFS DEMAND A JURY TRIAL AS TO ALL ISSUES SO TRIABLE. Respectfully Submitted, Karen Levitre and Gary Levitre, By their Attorney, UC .-— Rebecca M. Baker (BBO#712812) Murphy & Rudolf, LLP 446 Main Street, Suite 1503 Worcester, MA 01608 T: (508) 425-6330 F: (508) 536-0834 E: baker@murphyrudolf.com Dated: BYLS [2M | VERIFICATION OF COMPLAINT L Karen Levitre, do hereby swear and affirm J have read the attached Verified Complaint and certify that the facts and allegations therein are true and correct to the best of my knowledge and belief. I further certify that no material facts of which I have personal knowledge have been omitted from the Verified Complaint. Signed under the pains and penalties of perjury this the 28 of MOrCJn\ 2024 Lfs| Cowen Lene (2m) 1 Gary Levitre, do hereby swear and affirm I have read the attached Verified Complaint and certify that the facts and allegations therein are true and correct to the best of my knowledge and belief. I further certify that no material facts of which I have personal knowledge have been omitted from the Verified Complaint. Signed under the pains and penalties of perjury this the2s SOF Mals2024, fs} any weritre Ue) EXHIBIT 1 RESIDENTIAL LEASE AGREEMENT THIS LEASE AGREEMENT (hereinafter referred to as the “Agre ists ement"). made and énteted into this day of Sv ptenbee and between RYAN LEVITRE ANI ID MICHELLE LEVITRE (herein > 2018, by after as "Landlord") and KAREN LE ‘VITRE AND GARY LEVITRE (herei r eferred to nafter referred to as "Tenant"). WITNESSETH: WHEREAS, Landlord is the fee owner of ertain real proper ty being, lying-and situated in Sutton, MA, such real property having a Street address of 79 Whitins Road, Sutton, MA 01590, and further described as an In-Law Suite. (hereinafter referre d to as the "Premises"). WHEREAS, Landlord desires to lease the Prem: ‘ises to Tenant upon the terms and conditions as contained herein; and WHEREAS, Tenant desires to lease the Premises’from Landlo rd on the terms and conditions as contained herein; NOW, THEREFORE, for and in consideration of the covenan ts and. obligations contained herein and other good and valuable considerati on, the réceipt and sufficiency of which is hereby acknowledged, the parties hereto here by agree as follows: 1 TERM. Landlord leases to Tenant and Ten: arit leases from Landlord the above described Premises together with any and all app urtenances thereto, for a term of 27 YEARS, such term beginning on November 1°, 2018 and endi ing at12 o'clock midnight on November 15, 2045. RENT., The total rént for the term hereof is th .sum of ONE HUNDRED TWENTY THOUSAND SEVEN HUNDRED TWENTY F IVE DOLLARS ($128,725). EIGHT Uniess otherwise agreed to by the parties, the entire sum is to be paid in.a single installment on November 1*, 2018. Any alterations to.this te te! rm shall be made in writing. USE OF PREMISES. The Premises: shall b @ used and occupied by GARY LEVITRE AND KAREN, exclusively, as a private single family dwelling, and no part of the Premises shall be.used at any time during the term:of this Agreemen t by Tenant for the purpose of carrying on any business, profession, or trade’ of an y kid, or for any purpose other than as a private single family dwelling. Tenant shall not allow any other person, other than Tenant's immed iate family or transi relatives.and friends who are guests of Tenant, to use.or accupy the. Premises withou! ing Landlord's written consent to such use. Tenant shall comply with any and all laws, rdinances, rules and orders of ‘any-and all governmental or quasi-g eromental authorities affecting the Cleanliness, Use, occupancy and preservation of the Premi ASSIGNMENT AND SUB-LETTING, T:Fenant s| hall hot assign. this Ag reément, of sub-let Of grant arly license fo use the Premis or any part thereof without t consent of Landlord. A consent by Landlord to.on prior ittéen license. she alt not be di {éémed uch assigny ub- g or to-be-a consent torany'si subsequent assignimeni ‘Sub-letting / or lic hassignment, sub-letting oi nse ithout the prior written consent of Landlord or‘an aSsignmerit or sub-letting by opérati Te f law shall be absolutely null and void and shall, at Landlord’ 's option, terminate this Agreement. ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to the buildirigs or itiprovements.on the Prefnises or construct an y building or make any other improvements on the Premises without the prior written co nsent of Landlor d. Any and all alterations, ctianges, and/or improvernents built, construct fed or placed on the Premises by Tenant shall, unless otherwise provided. by written agre ement between Landlord and Tenant, be and. become the property of Landlord and remi iain on the Premis es at the expiration or earlier termination of this Agreement. NON-DELIVERY OF POSSESSION. In the even it Landlord cannot deliver possession of the Premises to Tenant uy pon the commencement of the Lease term, through no fault of Landiord or its agents, th en Landlord or its agents shall have no liability, but the rental herein provided shall ab: ate. until possession is given. Landlord or its agents shall have thirty (30) days in which to give possession, and if possession is terider red within such time, Tenant agrees to acce| pt the demised Premises and pay the rental herein provided from that date. In the event possession cannot be delivered within such time, through no fault of Landlord or its agen ts, then this: Agreement and all rights hereunder shall terminate. HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item of a dangerous, flarnmablé or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardou s or extra hazardoiis by any responsible insurarice compariy. TERMINATION OF LEASE. Landlord retains the ri ight to terminate this agreement at any time, In the event that Landlord elects to terminate the agreement, Landlord shall pay tenant a termination penalty:as detailed in exhibitA. . The termination penaly shall remain 4 in force for the full term of the lease. This: provision shall expire if Tenant dies. UTILITIES. Landlord shall be responsible for payment of the following utilities on behalf of Tenant: Electric, Heat(oil), Garbage Removal, Propane, Snow- Plowing, internet, Cable, and ADT Security. In exchan. ge for the aforementioned untilities, Tenant agrees to pay a monthly installment of SIX HUNDRED. SEVENTY FIVE DOLLARS ($675.00). Each installment shall be be paid from Tenant to the Landlord on the first day of each morith. The monthly installment of $675.00 shall stay in effect for the full term of the lease. This installment shall be. reviewed by the parties every 5 years. The sum of $675.00 shall not be altered unless agreed to in-writing by both parties. 10. MAINTENANCE AND REPAIR; RULES. Tenant will, at its sole expense, keep and maintain the Premises and appurtenances in good a! anitary condition.and repair during the term of this Agreement and ary. renewal ther reof. Without limiting the generality of the foregoing, Tenant shall: (a) Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only; (6) Keep all windows; glass, window coverings, doors, locks and hardware in good; clean order and répair; (©) Not obstruct-or cover the windows ox doors; (@) Not leave windows or doors.in an open position during: any inclement weatlier; © Not hang any lamdry, clothing, sheets, etc. from any window, rail, porch or balcony nor air or dry any of same. within any yard atea ot space; ® Not cause or permit any locks or hooks to be'placed upon any door or wiridow without the prior written consent of Landlord; (g) Keep all air coriditioning filtets clean and free from dirt; @) Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use same only for the purposes for which they were constructed: Tenant shall not allow any sweepings, rubbish, sand, tags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant; @ And Tenant's family and guests shall at all times maintain order in the Premises arid at all placés on the Premises, and shall not make or penmit any loud or improper noises, or otherwise disturb other residents; O Keep all radios, television sets, stereds,, phonographs, etc., turned down to a level of sound that does not annoy or interfere with other residents; ® Deposit all trash, garbage, rubbish or refuse in the locations provided therefor and shall not allow any trash, garbage, nibbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements; oO Abide by and be bound by any and all rules and regulations affecting the Premises or the common atéa appurtenaiit thereto which may be. adopted or promulgated by the Condominium or Homeowners! Association having control over them. 11, DAMAGE TO PREMISES. in the event thé Prémises are destroyed or rendered wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such ‘time except for the purpose of enforcing rights that may have then accrued héreunder. The rental provided for herein Shall then be accounted for by and betwéen Landlord and Teiant up to the time of such injury or destruction of the Premises, Teriant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered uninhabitable, the Landlord Shall have thié option of either repairing such — injured or'damaged portion or terrinatirig. this Lease. In the event that Landlord exercisés its right to repair such uninhabitable portion, the rental shall abate in the proportion that the injured parts bears to the wiidle Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shail Tecommencé and the Agrééement continue according ta its:terms. 12: PECTION OF PREMISES. Landlord and.Landlord’s agents shali have the fight at.all teasonable times during the term of this: Agreement and.any renewal thereof to efiter the Premises for the purpose of inspet rem II buildings:and irnprovements thereon. And’ for the purposes of making any repairs; additions of alterations as may be deemed appropfiate by. Lai Ofd for the preservatio: Of thie Premises or the building. . The right of entry shall lik exist for the purp Of removing placards, signs, fixtures, alterations or additions, that do not conform to thi Agreement or to any restrictions, rules or regulations affecting the Premises. 13. SUBORDINATION OF LEASE. This Agreément and Tenant's interest hereunder are and shall be subordinate, junior and inferior to any and all mortga ges, encumbrances now or hereafter placed on thé Premises by Landlord, liens or all advances made under any such moi rtgages, liens or encumbrances (including, but not limited advances), the inter rest payable on such mortgages, liens or e to, future ncumbrances and any and all renewals, extensions or modifications of-such. mortgages, | liens or encumbrances. 14. SURRENDER OF PREMISES. Upon the expiration of the term heréof, Tenant shall surrender the Premises in.as good a state and condition as they were at the commencement of this Agreement, reasonabl le use and wear and tear thereof and damages by the elements excepted. 15. ANIMALS. Tenant shall be entitled to kee; Pp no more than TWO (2) domestic dogs, cats or birds. 16: QUIET ENJOYMENT. Tenant, upon payment of ail of thé sums teferred to herein as being payable by Tenant and Tenant's pefformance of all Tenant's agreements containe d herein and Tenant's observance of all tules and re gulations, shall and may peacefu lly and quietly havé, hold and enjoy said Premises fo: r the term hereof. 17. INDEMNIFICATION. Landlord shall not be liable for r any damage or injury of or to the Tenant, Tenant's family, guests, invitees, Agénts or employees or to any person entering the Premisés or the building of which the Premises are a part or to goods or equipment, orn the structure or equipment t of the structure of which the Premises are a part, and Tenant hereby agrees to indem inify, defend and ho! Id Landlord harmless from any and all claims or assertions of every kind and nature. 18. DEFAULT. If Tenant fails to comply with any of the material provisions of this Agreement, other than the-covenant to pay rent, or of any present rules and regulati ons or any that may be hereafter prescribed by Landlord,..or materially fails to comply with any duties imposed on Tenant by Statute, within seven (7)-days after delivery of written notice by Landlord specifying the non-compliance and indicating the. inténtion of Landlord to terminate the Lease by reason thereof, Landlord may terminate this Agreemen t. 19. ABANDONMENT. If at any time during the term of this Agiéement Tenant abandons the Premises or any part thereof, Landlord may, at Landlord’ 's option, obtain possession of the Premises in the mariner provided by law, and withol ut becoming liable.to Tenant for damages or for any payment of-any kind whatev . Landlord may, at Landlord's discretion, as agent for Tenant, relet the Premises; or aly part thereof, for the whole or any part thereof, for the whole or any part of the then unex; pired term, and may receive and. collect all rent payable by virtue of such réletting, and, at Landlord’ 's option, fold Tenant liable for any difference between the rent that would have been payable under this Agreement during the balance of the. unexpired teri, if this Agree ment had continued ‘in force, and the net rent for such period realized by Landlord by means of such relettinig. ‘if Landlord's right of reentry is exe ercised following abaridonment of the Premises by Tenant, then Landlérd shall consider any personal property belonging to Tenant and left on the Premises to-also have. been abandoned, Wi case Landlord may dispose.of all such. pétsorial property in any manner Landlord shail deém proper.and Landlord is hereby relievéd of all liability for doing so. 20. ATTORNEYS' FEES hould it becorné necéssary for indlord to émiploy an attorney to éhforée any of the con ions of coveriants hereof, inclu : the. collectioti of rentals or gaining possession of the Premises, Tenant agrees to pay all expense s so incurred, including a reasonable attorneys' fee.. 21 RECORDING OF AGREEMENT. Tenant shi all riot record this Agreement on the Public Records of any public offi In the everit that Tenant shail record this Agreement, this Agreement shall, at Landlord’ 's option, terminate immediately and Landlord shall be entitled to all rights and remedies that it has at law or in equity: 22. GOVERNING LAW. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of M: lassachuséits. 23. SEVERABILITY. If any provision of this At \greement or the applicat ion thereof any reason and to any extent, be invalid or uneni forceable, neither the remaind shalll, for er of this Agreement nor the ap plication of the. provision to other persons, entities or circumstances shall be affected ther eby, but instead shall be enforced to the maximum extent permitted by law: 24, BINDING EFFECT. The covenants, obli gations and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the parties hereto. 25. DESCRIPTIVE HEADINGS. The descri iptive headings used herein are for convenience of reference only and they are not inten ded to. have any effect whatsoev er in determining the rights or obligations of the Landlord or Tenant. 26 CONSTRUCTION. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural. 27. NON-WAIVER. No indulgence, waiver, election or non-election by Landlord under this Agreement shall affect Tenant's duties and liabilities hereunder. 28: MODIFICATION. The parties hereby agree that this. document contains the entire agreement between the parties.and this Ag reement-shall not be modified, change d, altered or amended in any way exce} pt through’a written amendment signed by all of the parties hereto. 29. NOTICE. Any notice. Tequired or permitted under this Lease or under state law shall be deemed sufficiently given or setved if sent by United States certified mail, return receipt requested, addressed as follows: if to Landlord to: RYAN AND MICHELLE LEVITRE 79. WHITINS ROAD. SUTTON, MASSACHUSETTS 01590 If to Tenant to: GARY AND KAREN LEVITRE 79, WHITINS ROAD ‘SUTTON, MA 01590 Landlord and: Tenant shall each have: the right: fron time to time to change the place notice is to be giveri undér this paragraph by writteri no tice thereof to the other ‘party. As to Landlord this] C? day of Seakinhee 2018 LANDLORD: Sign: Date: afi Lit sm Artasate 2 vate:_I/5/1F Michelle A. Levitre As to Tenant, this_i<) dayof _‘Svakabss 2018, TENANT ("Tenant") Sign: _ Ka Cir a Aol Date w, th Nit Kartn A. Levitre Sign: Aus: ale. ey Date: 7 76 Gary R Levige EXHIBIT A, As detailed in clause 8 to the Agreement, Landlofd tetains thé-right to terminate this agreement at any time. In the event that Landlord. cts t6 terminate the agreement, Landlord shall pay tenant a termination penalty as detailed it A. The termination penalty will be calculated based upon the year in which the terminati is elected. - 2019 $128,725 - 2020: $128,725 2021 $128,725 2022: $113,278 2023: 108, 1 2024: $102,980 2025: $97,831 2026: $92,682 2027. $87,533 2028: $82,384 2029 $77,235 2030: $72,086 2031: $66,937 2032: $61,788 2033: $56,639 2034: $50,000 2035: $50,000 2036: $50,000 2037: $50,000 2038: $50,000 2039 $50,000 2040: $50,000 2041: $50,000 2042 $50,000 2043, $25,000 2044 $25,000 2045 (and beyond): $o EXHIBIT 2 - 3 ree * GARY R. LEVITRE ‘SS20/113. 6502 KAREN A: LEVITRE 72 LINCOLN: ROAQ uy SUTTON, MA 01560 “ 4. * ue wan 10/2 i, Ani 1 $92,000 Juensth be- a coities A EX MILLBURY NATIONAL BANK Mim MIG GURY ‘MASSACHUSETTS 01527" Ley eT | ior, Y% #04130520 2s S2 ees zi S02 oo bay oe oo eee = tt Seq: 175. 5 Batch: 24 Date: 10/ 18: Seq: 881 > 10784718 \F BA CG 49308 4428 sAtha ut BC WAG-214 EXHIBIT 3 EXHIBIT 4 ie ae a ies i a as ree 3 ai A ae a ia boat rae