Humphrey v. Byron, 447 Mass. 322 (2006)

Citation: Humphrey v. Byron, 447 Mass. 322 (2006)
Parent Document: Humphrey v. Byron, 447 Mass. 322 (2006)
Jurisdiction: Massachusetts (state)
Effective Date: 2006-07-21
Original Source: https://www.courtlistener.com/opinion/6579392/humphrey-v-byron/ ↗

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The lease was for a one-year term.4 It consisted of a preprinted form with substantial handwritten modifications and additions. The modifications and additions reflected, in part, negotiations between Gateway, which was represented by counsel, and the landlord, which was not. For example, the rent was negotiated down from $1,000 per month to $888.88 per month. The lease provided that Gateway would have “exclusive control of the leased premises,” which was the entire building, and the obligation to maintain, at its own expense, “both outside and inside” of the same. The lease also provided that “additions, repairs, alterations, or structural changes” that the lessee wished to make could only be done with the lessor’s approval, and that the lessor could, at reasonable times, enter the premises and make “repairs and alterations compatible with the lessee’s use of premises.” The leased premises included the basement and the stairs leading down to it from the first floor.5 The stairs had no railing, were wobbly, and had low ceiling clearance. It was from these stairs that Humphrey fell in January, 2000.

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