Skip to main content
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

721 chars
the lease as a conveyance of property. The changes in social and legal circumstances changed the parties’ expectations. It was in this context that we chose to recast our theory of the landlord-tenant relationship in a form congenial with the Legislature’s tendency: “[A] lease is essentially a contract between the landlord and the tenant wherein the landlord promises to deliver and maintain the demised premises in habitable condition and the tenant promises to pay rent for such habitable premises. These promises constitute interdependent and mutual considerations. Thus, the tenant’s obligation to pay rent is predicated on the landlord’s obligation to deliver and maintain the premises in habitable condition.” Id.