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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Citation
Wesson v. Leone Enterprises, Inc., 437 Mass. 708 (2002) 3.
Parent Document
Wesson v. Leone Enterprises, Inc., 437 Mass. 708 (2002)
Jurisdiction
Massachusetts (state)
Effective Date
2002-09-09

Other Sections in This Document (52)

Full Text

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3. Constructive eviction. The landlord bases his claim that the judge erred in finding a constructive eviction on two alternative grounds: first, that the lease required the tenant, not the landlord, to maintain the roof and therefore the tenant cannot claim constructive eviction due to the landlord’s failure to make repairs, see Stone v. Sullivan, 300 Mass. 450, 454-455 (1938)14; and second, that even if the lease required the landlord to maintain the roof, his actions or failures did not rise to the level of constructive eviction.