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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 32D

Citation
Section 32D
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

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In this case, we have no doubt that, if the plaintiffs truly are unable use the common areas of the development, including sidewalks, streets, parking lots, and recreation areas within it,[12] then the situation constitutes a serious interference *286 with their quiet enjoyment and substantially impairs the character of the leased premises. Cf. Ianello, supra at 323-324 (locking tenant out of common "conference room" which was part of inducement for him to enter into lease constituted breach of covenant). In Ianello, the tenant used the conference room merely for exercising. Id. at 322. If loss of use of an exercise room constitutes a serious interference with a tenancy, then surely loss of use of sidewalks, streets, parking lots, and recreational areas controlled by the landlord constitutes at least an equally, if not more, serious interference.