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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

McKenna v. Begin, 362 N.E.2d 548 (1977)

Citation
McKenna v. Begin, 362 N.E.2d 548 (1977)
Parent Document
McKenna v. Begin, 362 N.E.2d 548 (1977)
Jurisdiction
Massachusetts (state)
Effective Date
1977-05-11

Other Sections in This Document (55)

Full Text

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In the instant case the tenant paid for his own heat, hot water, and electricity. Thus the consideration given in exchange for the rent was the structure — which was so defective that the board of health condemned it as unfit for human habitation. It would seem that in such circumstances there is no obligation to pay rent. Accordingly, where the unit was unfit for human habitation, as here, there was a failure of consideration and the rental owed — the value of the apartment — should be zero.