Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Doe v. New Bedford Housing Authority, 630 N.E.2d 248 (1994)

Citation
Doe v. New Bedford Housing Authority, 630 N.E.2d 248 (1994)
Parent Document
Doe v. New Bedford Housing Authority, 630 N.E.2d 248 (1994)
Jurisdiction
Massachusetts (state)
Effective Date
1994-03-14

Other Sections in This Document (121)

Full Text

797 chars
The covenant of quiet enjoyment protects a tenant’s right to freedom from serious interference with his tenancy — acts or omissions that impair the character and value of the leasehold. Manzaro v. McCann, 401 Mass. 880, 884 (1988). Ianello v. Court Management Corp., 400 Mass. 321, 323 (1987). Leardi v. Brown, 394 Mass. 151, 167 (1985). Simon v. Solomon, supra at 102. In analyzing whether there is a breach of the covenant, we examine the landlord’s conduct and not his intentions. Blackett v. Olanoff, 371 Mass. 714, 716 (1977). Thus, a landlord may not intend to violate a tenant’s right to quiet enjoyment, but may do so nevertheless when the breach is a “natural and probable consequence of what the landlord did, what he failed to do, or what he permitted to be done.” Id., and cases cited.