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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We next consider whether the landlord’s actions regarding the leaky roof constituted a breach of the covenant of quiet enjoyment amounting to the constructive eviction of the tenant. Where there is a breach of the covenant of quiet enjoyment, the tenant may raise constructive eviction as a defense to an action to recover rent. See Shindler v. Milden, 282 Mass. 32, 33-34 (1933). A constructive eviction is any “act of a permanent character, done by the landlord, or by his procurement, with the intention and effect of depriving the tenant of the enjoyment of the premises demised, or of a part thereof, to which he yields and abandons possession,” id. at 33, and cases cited, “within a reasonable time.” Stone v. Sullivan, supra at 455 It is the tenant’s burden to prove that he was constructively evicted. Rome v. Johnson, 274 Mass. 444, 450 (1931).

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