Rice v. Apazidis, 26 Mass. L. Rptr. 451 (2010)

Citation: Rice v. Apazidis, 26 Mass. L. Rptr. 451 (2010)
Parent Document: Rice v. Apazidis, 26 Mass. L. Rptr. 451 (2010)
Jurisdiction: Massachusetts (state)
Effective Date: 2010-02-23
Original Source: https://www.courtlistener.com/opinion/8357374/rice-v-apazidis/ ↗

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In any rental of a dwelling unit, whether for a specified time or at will, there is an implied agreement or warranty by the landlord that the premises are fit for human occupation. Crowell v. McCaffrey, 377 Mass. 443, 451 (1979) (warranty of habitability extends to porch if porch is part of the rental unit). Relying upon the holding in Scott v. Garfield, 454 Mass. 790, 791 (2009), to the effect that “a lawful visitor may recover damages for personal injuries caused by a breach of the implied warranty of habitability,” Rice argues that, as a “lawful visitor” upon the defendants’ premises, she should be permitted to amend her complaint to add a count for breach of the warranty of habitability. Rice maintains that Scott does not limit the category of “lawful visitors” to lawful visitors of a tenant or subtenant.

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