Commerce Insurance v. Chadwick Medical Associates, 23 Mass. L. Rptr. 291 (2007)

The facts of this case do not provide this court with any basis to find that there was an implied warranty of habitability. The plaintiff was occupying the premises as a tenant-at-will. There is no indication that any promises were made by the landlord to the inhabitant. There also is no indication that the fire alarm that was alleged to have led to the damage was in violation of state sanitary code or the result of a defect that was known or should have been known by the landlord. Even if implied warranties can exist in a commercial lease, one did not exist in this case. Since no implied warranty or express contract exists in this case, it is obvious that no quantum meruit claim can be brought. 5.