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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Mitchell-Gionet v. Markowski, 3 Mass. L. Rptr. 45 (1994)

Citation
Mitchell-Gionet v. Markowski, 3 Mass. L. Rptr. 45 (1994)
Parent Document
Mitchell-Gionet v. Markowski, 3 Mass. L. Rptr. 45 (1994)
Jurisdiction
Massachusetts (state)
Effective Date
1994-11-09

Full Text

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This conclusion is in line with §17.6 of the Restatement (Second) of Property, Landlord and Tenant (1977), which states that “ [a] landlord is subject to liability for physical harm caused to the tenant and others upon the leased property with consent of the tenant... by a dangerous condition . . . if he has failed to exercise reasonable care to repair the condition and the existence of the condition is in violation of ... an implied warranty of habitability." (Emphasis added.)