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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

416 chars
Code violation is not habitable. The essential objective of the warranty is to make sure that the tenant receives what she is paying for. The tenant may not excuse her obligation with mere reasonable efforts to pay rent. Nor may the landlord avoid his duty with mere reasonable efforts to provide a habitable dwelling. The contract between the parties, seen through the law’s clarifying lens, requires such symmetry.