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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Lindquist v. Stella, 111 N.E.3d 304 (2018)

Citation
Lindquist v. Stella, 111 N.E.3d 304 (2018) 1.
Parent Document
Lindquist v. Stella, 111 N.E.3d 304 (2018)
Jurisdiction
Massachusetts (state)
Effective Date
2018-09-10

Full Text

789 chars
1. Implied warranty of habitability. The implied warranty of habitability requires that a landlord maintain a rented unit in compliance with the State sanitary code (code). See South Boston Elderly Residences, 91 Mass. App. Ct. at 462. If a tenant establishes a breach, he may be entitled to a rent abatement. See ibid. Here, the judge awarded Stella "a 30% abatement in the rent from April 2011 through May 2016 due to the rotting front and rear porches."2 On appeal Lindquist does not contest that the condition of the front porch constituted a breach of the warranty of habitability. She focuses her challenge on the applicable time period, arguing that the judge clearly erred in finding that Stella's tenancy commenced in April of 2011 and then in calculating damages from that date.3