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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Leardi v. Brown, 474 N.E.2d 1094 (1985)

Citation
Leardi v. Brown, 474 N.E.2d 1094 (1985)
Parent Document
Leardi v. Brown, 474 N.E.2d 1094 (1985)
Jurisdiction
Massachusetts (state)
Effective Date
1985-02-28

Other Sections in This Document (103)

Full Text

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to be in good, tenantable order and condition in all respects, except as any aforesaid notice shall set forth” (emphasis added). So even if tenants are sufficiently sophisticated to understand that paragraph eight is not an absolute disclaimer of the right to habitable housing, paragraph five unlawfully suggests that this right is waived unless notification is made within two days after the tenant moves in. Consequently, we conclude that there was no error in the judge’s conclusion that paragraphs five and eight were deceptive and unconscionable, particularly when those provisions are viewed in the context of the fundamental nature of the implied warranty of habitability. 7 b. Injury Under G.L. c. 93A.