Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Haddad v. Gonzalez, 576 N.E.2d 658 (1991)

Citation
Haddad v. Gonzalez, 576 N.E.2d 658 (1991)
Parent Document
Haddad v. Gonzalez, 576 N.E.2d 658 (1991)
Jurisdiction
Massachusetts (state)
Effective Date
1991-08-12

Other Sections in This Document (154)

Full Text

681 chars
The fact that Gonzalez agreed to pay less for the apartment than its full value as warranted is not controlling. The rule for computation of damages in this area gives a tenant no more than the benefit of the bargain because the implied warranty of habitability is part of the bargain. A landlord cannot nullify the implied warranty of habitability on a *873dwelling by giving his tenant a discount in rent. See Hemingway, supra at 199; Leardi v. Brown, supra at 156; McKenna v. Begin, .supra at 170-171. Gonzalez agreed to rent an apartment that complied with the State Sanitary Code, worth $375 per month, and she was entitled to damages that gave her the benefit of her bargain.