South Boston Elderly Residences, Inc. v. Moynahan (2017)

Citation: South Boston Elderly Residences, Inc. v. Moynahan (2017)
Parent Document: South Boston Elderly Residences, Inc. v. Moynahan (2017)
Jurisdiction: Massachusetts (state)
Effective Date: 2017-05-09
Original Source: https://www.courtlistener.com/opinion/4389766/south-boston-elderly-residences... ↗

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       We recognize that when a landlord has violated the
warranty of habitability, it does not get a grace period from
damages for the reasonable time necessary to make repairs. See
Berman & Sons, Inc., supra at 199-200. However, we do not view
that rule as precluding a trial judge from reducing the
abatement damages by an amount that reflects unreasonable delays
caused by the tenant.
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       It is not clear on what evidence the judge based this
assessment, although he appears to have found it significant
that others did not note or recall a fume problem in unit 13.
Moynahan did not argue that he was entitled to a presumption
that he was a person of average sensibility, nor did the judge
consider that issue. See Payne v. R.H. White Co., 314 Mass. 63,
65-66 (1943) (addressing such a presumption in the context of
the implied warranty of merchantability).
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