Wesson v. Leone Enterprises, Inc., 437 Mass. 708 (2002)

Citation: Wesson v. Leone Enterprises, Inc., 437 Mass. 708 (2002)
Parent Document: Wesson v. Leone Enterprises, Inc., 437 Mass. 708 (2002)
Jurisdiction: Massachusetts (state)
Effective Date: 2002-09-09
Original Source: https://www.courtlistener.com/opinion/6578571/wesson-v-leone-enterprises-inc/ ↗

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A jury-waived trial on the claims for breach of contract, interference with advantageous relations, and constructive eviction was held on November 24 and 25, 1997. After hearing testimony from the landlord, Wayne Wesson, the tenant, and the architect who designed the Wesson Building, the judge found the tenant’s testimony “regarding the frequency of his complaints about the leaky roof, the danger it posed upon his equipment and inventory and that he was forced to move out to be credible.” In contrast, the judge found the testimony of Wayne Wesson and the landlord “regarding their reasonable responses to whatever complaints they received about the leaking roof not credible.” The judge further found that “the roof was in a state of disrepair and needed more than spot repairs”; that “whether Wayne or a professional roofer attempted the *712repairs, the methods used were shoddy and unsuccessful”; and that, “from April 1991 through November of 1991 [but see note 8, supra], [the tenant] complained to both [the landlord] and [Wayne] by telephone and by letter that the roof leaked and put his business at risk.” Based on these findings, the judge concluded that the tenant had been constructively evicted from the premises by the landlord’s failure to adequately repair the roof and was therefore relieved of its obligation to pay rent. Alternatively, she held that, even if the tenant had not been constructively evicted, the tenant could have lawfully withheld the rent under the dependent covenants rule, where the landlord had failed to provide a “dry space,” a service “essential” to the lease.

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