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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Albrecht v. Clifford, 436 Mass. 706 (2002)

Citation
Albrecht v. Clifford, 436 Mass. 706 (2002)
Parent Document
Albrecht v. Clifford, 436 Mass. 706 (2002)
Jurisdiction
Massachusetts (state)
Effective Date
2002-05-07

Other Sections in This Document (44)

Full Text

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In Boston Hous. Auth. v. Hemingway, 363 Mass. 184 (1973), we held that “in a rental of any premises for dwelling purposes, under a written or oral lease, for a specified time or at will, there is an implied warranty that the premises are fit for human occupation.” Id. at 199. The landlord impliedly warrants that there are no “latent [or patent] defects in facilities Vital to the use of the premises for residential purposes and that these essential facilities will remain during the entire term in a condition which makes the property livable.” Id., quoting Kline v. Burns, 111 N.H. 87, 92 (1971).