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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Scott v. Garfield, 454 Mass. 790 (2009)

Citation
Scott v. Garfield, 454 Mass. 790 (2009)
Parent Document
Scott v. Garfield, 454 Mass. 790 (2009)
Jurisdiction
Massachusetts (state)
Effective Date
2009-09-15

Other Sections in This Document (57)

Full Text

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*797The defendants further contend that the judge erred in failing to instruct the jury that they must find, as a threshold matter, that the porch was vital to the use of the demised premises in order to conclude that there was a breach of the implied warranty of habitability. This argument is unavailing where our decision in Crowell v. McCaffrey, 377 Mass. 443, 451 (1979), stated that the implied agreement by a landlord to ensure that a rented unit complies with minimum standards prescribed by building and sanitary codes extends to a porch that is part of a rented unit.