Fennelly v. Kimball Court Apartments Ltd. Partnership, 14 Mass. L. Rptr. 37 (2001)

Citation: Fennelly v. Kimball Court Apartments Ltd. Partnership, 14 Mass. L. Rptr. 37 (2001)
Parent Document: Fennelly v. Kimball Court Apartments Ltd. Partnership, 14 Mass. L. Rptr. 37 (2001)
Jurisdiction: Massachusetts (state)
Effective Date: 2001-09-25
Original Source: https://www.courtlistener.com/opinion/8354506/fennelly-v-kimball-court-apartm... ↗

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Both the Lease and Addendum clearly state that if there is any conflict between their respective provisions, the provisions of the Addendum, which contain the lease language required by HUD, control. Kimball and JRM argue that Paragraph K of the Lease does not conflict with Paragraph 10 of the Addendum because they set forth the rights and obligations of the parties under entirely different circumstances: Paragraph K provides for the automatic termination of a Section 8 tenancy based on the occurrence of a specific event, a fire rendering the premises uninhabitable, while Paragraph 10 of the Addendum provides procedures for the landlord to terminate a Section 8 tenancy when the premises is habitable and the tenant is still in possession.

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