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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kelly v. Jones, 80 Mass. App. Ct. 476 (2011)

Citation
Kelly v. Jones, 80 Mass. App. Ct. 476 (2011) 2.
Parent Document
Kelly v. Jones, 80 Mass. App. Ct. 476 (2011)
Jurisdiction
Massachusetts (state)
Effective Date
2011-09-26

Full Text

778 chars
2. Covenant of quiet enjoyment. The covenant of quiet enjoyment pertains to “acts or omissions that impair the character and value of the [leased premises].” Doe v. New Bedford Hous. Authy., supra at 285. See Rahman v. Federal Mgmt. Co., 23 Mass. App. Ct. 701, 705 (1987), quoting from Winchester v. O’Brien, 266 Mass. 33, 36 (1929) (violation of covenant of quiet enjoyment connotes acts by landlord that “substantially ‘impair the character and value of the leased premises’ ”). Here, the judge found that the “[landlord’s] acts of discussing the [tenants] and their private business with other church members and attempting to sabotage the [tenants’] employment constitutes an interference with [the tenants’] quiet enjoyment of the Premises” pursuant to G. L. c. 186, § 14.3