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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Gifford v. Sears, 19 Mass. L. Rptr. 716 (2005)

Citation
Gifford v. Sears, 19 Mass. L. Rptr. 716 (2005)
Parent Document
Gifford v. Sears, 19 Mass. L. Rptr. 716 (2005)
Jurisdiction
Massachusetts (state)
Effective Date
2005-08-12

Other Sections in This Document (37)

Full Text

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The defendants correctly contend that violations of the State Building Code are not per se breaches of the implied warranty of habitability. A breach of warranty of habitability is defined as “defects in facilities vital to the use of the premises for residential purposes.” Berman, 379 Mass, at 202. In the rental of a dwelling unit, a landlord implicitly promises that the rental unit complies with the minimum standards prescribed by the State Building and Sanitary Codes and that he will do whatever those Codes require for compliance during the term of the renting. Crowell, 377 Mass, at 451.