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
- Original Source
- https://www.courtlistener.com/opinion/2079709/mckenna-v-begin/ ↗
Other Sections in This Document (55)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
- McKenna v. Begin, 362 N.E.2d 548 (1977)
Full Text
1,396 charsOne other point warrants mention. McKenna argues that code violations in common areas of the building such as the hallways and the basement should have been considered in awarding damages. We agree in principle that violations in common areas which detract from a tenant's use or enjoyment of the portion of the premises leased to him can result in damages against the landlord. See Javins, 428 F.2d, at 1082, n. 62. In this case, however, the judge found the hallway violations to be minor, not affecting the habitability of the premises, a conclusion which does not appear to be an abuse of discretion. The judge excluded the major defects in the basement from his award because he found that they were repaired after Begin was notified of their existence by the board of health (note 4, supra). However, as we have already observed, Begin is liable in damages for defects which he knew were in existence when the tenancy began. Although there was evidence that code violations existed prior to the board of health inspection, the judge made no finding whether the basement violations existed at the outset of the tenancy. On remand the judge is to make a finding on this point and if the violations did exist from the outset, he is to determine whether they caused a diminution in the value of McKenna's use and enjoyment of the premises and compute damages on the basis of that determination.