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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 18

Citation
Section 18
Parent Document
Mogilevsky v. Keating, 11 Mass. L. Rptr. 332 (2000)
Jurisdiction
Massachusetts (state)
Effective Date
2000-02-11

Full Text

641 chars
Mogilevsky alleges that the Defendants failed to provide him with heat, hot water and a properly ventilated place to live, amounting to a breach of the warranty of habitability and serious interference with the covenant of quiet enjoyment.7 (Mogilevsky Amended Complaint ¶ ¶ 11, 39-44.) Accepting the facts alleged by Mogilevsky as true, it cannot be stated that Mogilevsky can prove no set of facts to support his claim. The motion to dismiss, therefore, is denied as to: Count I, breach of warranty of habitability: Count II, interference with quiet enjoyment; and Count III, failing to provide heat and hot water. 3.Reprisals/Retaliation.