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/ ↗

Full Text

760 chars

We decline to reach the issue whether an implied warranty of suitability, similar to the implied warranty of habitability for residential leases, should be adopted for commercial leases. See Boston Hous. Auth. v. Hemingway, 363 Mass. 184, 199 (1973) (“in a rental of any premises for dwelling purposes, under a written or oral lease, for a specified time or at will, there is an implied warranty that the premises are fit for human occupation”). Adopting such a warranty is not necessary to the adoption of a dependent covenants rule and, as noted, raises a different set of policy issues and considerations in the commercial context. See Chausse v. Coz, 405 Mass. 264, 268 (1989) (declining to mie on implied warranty of habitability for commercial premises).

Other Sections in This Document (52)

Full Text