Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)
- Citation
- Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)
- Parent Document
- Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)
- Jurisdiction
- Massachusetts (state)
- Effective Date
- 2001-05-13
Other Sections in This Document (27)
- Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)
- Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)
- Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)
- Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)
- Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)
- Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)
- Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)
- Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)
- Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)
- Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)
- Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)
- Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)
- Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)
- Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)
- Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)
- Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)
- Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)
- Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)
- Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)
- Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)
- Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)
- Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)
- Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)
- Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)
- Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)
- Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)
- Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)
Full Text
1,625 charsThe defendants advance the further argument that even if the implied warranty of habitability is available to non-tenant guests, it does not apply to defects in common areas such as an exterior staircase. In Hemingway, the Supreme Judicial Court noted that “[u]nder this warranty of habitability, the landlord warrants ‘that at the inception of the rental there are no latent [or patent] defects in facilities vital to the use of the premises for residential purposes and that these essential facilities will remain during the entire term in a condition which makes the property livable.” Id., 363 Mass. at 199, quoting Kline v. Burns, 111 N.H. 87, 92 (1971). An exterior staircase is a physical facility that it vital to the use of the leased premises. See McAllister v. Boston Housing Authority, 429 Mass. 300, 305 (1999). Under 105 C.M.R. §410.500, it is the responsibility of the owner to maintain “staircases . . . in good repair and in every way fit for intended use.” In McAllister, the tenant was injured due to a fall on a natural accumulation of ice and snow. In upholding a directed verdict for the landlord, the Court appears to have taken the position that such a fall did not result from a defect that violated the implied warranty, and not that defects in common areas are not included in the implied warranty. See also Doe v. New Bedford Housing Authority, 417 Mass. 273, 282 (1994) (inadequate security is not a “physical defect” in the premises). Thus, a significant defect that makes the exterior staircase unusable or dangerous is a defect that is within the scope of the implied warranty of habitability.