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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)
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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In this case, the judge found that the landlord failed to *715adequately maintain the roof, and that, as a consequence, there were periodic leaks during the course of the tenancy. While this finding was supported by the evidence, it is not dispositive of the constructive eviction claim. The tenant was also required to prove that the leaks made “the premises untenantable for the purposes for which they were used.” Id. On this point, the tenant’s evidence was inadequate as a matter of law.