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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

McKenna v. Begin, 325 N.E.2d 587 (1975)

Citation
McKenna v. Begin, 325 N.E.2d 587 (1975)
Parent Document
McKenna v. Begin, 325 N.E.2d 587 (1975)
Jurisdiction
Massachusetts (state)
Effective Date
1975-04-04

Other Sections in This Document (38)

Full Text

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The second paragraph of the decree awarding damages to the tenant is struck and the case is remanded to the Superior Court for further hearing including, if necessary, the reception of further evidence on the question of damages. For the guidance of the trial court upon rehearing, damages are to be based upon the difference between the fair rental value of the premises as warranted to be habitable and the fair rental value of the premises in their defective condition. If it is shown that the defective conditions existed at the inception of the tenancy, damages shall be computed from that time. If the conditions are shown to have arisen during the tenancy, damages are to be computed from the time the landlord first knew or was notified of their existence. In either case, damages shall run to the date on which the tenant ceased to occupy the premises or to the entry of the final decree, whichever came first. In any event, the tenant shall not be awarded damages in excess of the rent actually paid by him during the period of his occupancy of the premises. So ordered.