8A and damages based upon these conditions. The measure of damages for breach of the implied warranty of habitability is the difference between the fair rental value of the premises free of defects and the fair rental value of the premises during the period in which the defective conditions existed. The Court finds that the defendant notified the plaintiff in October 2000 that he was without heat in the premises, and finds that the plaintiff informed him she would not turn the heat on until November 1, 2000. However, on the facts of this case, the Court finds that the plaintiff has established with clear and convincing evidence that she did not retaliate against the defendant. The Court finds that the plaintiff's sole reason for serving the Notice to Quit was that the defendant had not paid rent when due, that the plaintiff had sufficient independent justification for serving the Notice To Quit for Non-Payment of Rent, and would have in fact taken this action, in the same manner and at the same time the action was taken, if the defendant had not contacted the Board of Health on or about October 10, 2000.
Judgment enter for the plaintiff dismissing the defendant's remaining counterclaims.
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