Azar v. Quinn, 1 Mass. L. Rptr. 519 (1994)

Citation: Azar v. Quinn, 1 Mass. L. Rptr. 519 (1994)
Parent Document: Azar v. Quinn, 1 Mass. L. Rptr. 519 (1994)
Jurisdiction: Massachusetts (state)
Effective Date: 1994-01-15
Original Source: https://www.courtlistener.com/opinion/8351304/azar-v-quinn/ ↗

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The plaintiffs contend that the Quinns are liable to them for breach of warranty of habitability and quiet enjoyment by bringing an eviction proceeding against them; for interfering with the plaintiffs’ commercial use of the Space by failing to provide adequate cleaning services, air conditioning, and utilities; and for acting in a hostile manner towards them at the Premises. “The covenant of quiet enjoyment is violated by acts that amount to ‘serious interferences with [the] tenancy.’ (Citations omitted.) A violation of the covenant connotes acts by the landlord (or by his sufferance) that substantially ‘impair the character and value of the leased premises.’ (Citations omitted). An eviction proceeding, particularly where it is unsuccessful or is aborted, cannot be said to impair the character and value of the leased premises as those words are used in the cases." Rahman v. Federal Management Co., 23 Mass.App.Ct. 701, 705 (1987).

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