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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The covenant of quiet enjoyment is a promise that, during the term of the tenancy, the tenant will not be disturbed in the enjoyment of the premises by the lessor or anyone claiming under him or claiming paramount title. Rahman v. Federal Management Co., 23 Mass.App.Ct. 701, 704, rev. den., 400 Mass. 1102 (1987). The covenant is violated by an act which amounts to a serious interference with the tenancy and which substantially impairs the character and value of the leased premises. Leardi v. Brown, 394 Mass. 151, 167 (1985); Rahman v. Federal Management Co., 23 Mass.App.Ct. at 705.

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