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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Cruz Management Co. v. Thomas, 417 Mass. 782 (1994)

Citation
Cruz Management Co. v. Thomas, 417 Mass. 782 (1994)
Parent Document
Cruz Management Co. v. Thomas, 417 Mass. 782 (1994)
Jurisdiction
Massachusetts (state)
Effective Date
1994-05-12

Full Text

566 chars
Berman & Sons v. Jefferson, 379 Mass. 196 (1979), and Montanez v. Bagg, 24 Mass. App. Ct. 954 (1987), on which Thomas relies, are clearly distinguishable. The statement in Berman that a landlord’s efforts at repair have no bearing on the calculation of a rent abatement applies only to a claim for a breach of the warranty of implied habitability, for which liability is imposed without regard to fault. In Montanez v. Bagg, supra, the landlord knowingly rented to the tenants an apartment which had been condemned by local authorities as unfit for human habitation.