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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Abdeljaber v. Gaddoura, 60 Mass. App. Ct. 294 (2004)

Citation
Abdeljaber v. Gaddoura, 60 Mass. App. Ct. 294 (2004)
Parent Document
Abdeljaber v. Gaddoura, 60 Mass. App. Ct. 294 (2004)
Jurisdiction
Massachusetts (state)
Effective Date
2004-01-07

Other Sections in This Document (29)

Full Text

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Kafker, J.
After the trial ended, and without notifying the parties, a Housing Court judge ordered a housing specialist to inspect the apartment at issue in this landlord-tenant dispute between Abdelkhaleq Abdeljaber, the landlord, and Azhari Gad*295douro and Azhar K. Kheiry, the tenants. The judge later specifically stated that he based his finding of a material breach of the implied warranty of habitability on the report of this housing specialist. Such reliance was improper, and we therefore vacate the judgment.