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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In her findings of fact, the trial judge found that the tenant had complained about leaks in the roof by telephone and letter “from April 1991, through November of 1991.” There was no evidence at trial, however, of any complaints made by the tenant to the landlord after September 6, 1991. The only evidence of communication between the tenant and the landlord about roof leaks between September 7, 1991, and the tenant’s letter of November 4, 1991 (notifying landlord of tenant’s intent to vacate the premises) is a letter from the landlord to the tenant dated October 2, 1991, stating in relevant part that “[w]e have had several good rainstorms since [the September repair] and nothing has leaked.” Neither the contents nor the receipt of the letter was disputed by the tenant at trial.

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