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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Berman & Sons, Inc. v. Jefferson, 396 N.E.2d 981 (1979)

Citation
Berman & Sons, Inc. v. Jefferson, 396 N.E.2d 981 (1979)
Parent Document
Berman & Sons, Inc. v. Jefferson, 396 N.E.2d 981 (1979)
Jurisdiction
Massachusetts (state)
Effective Date
1979-11-08

Other Sections in This Document (63)

Full Text

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He found and ruled that the losses of heat and hot water were material breaches of the warranty of habitability. The judge ruled further that the tenant is allowed to abate the rent from the date the landlord had notice of the breach of the warranty of habitability. We must decide (1) whether a tenant must pay full rent without abatement when the landlord, acting without fault or bad faith, fails to maintain a dwelling in habitable condition and (2) whether the tenant’s obligation to pay full rent persists until the landlord has had a reasonable time to repair the defect. We hold that the tenant’s obligation abates as soon as the landlord has notice that premises fail to comply with the requirements of the warranty of habitability. The landlord’s lack of fault and reasonable efforts to repair do not prolong the duty to pay full rent. In Boston Hous. Auth. v. Hemingway,