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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Brown v. LeClair, 20 Mass. App. Ct. 976 (1985)

Citation
Brown v. LeClair, 20 Mass. App. Ct. 976 (1985)
Parent Document
Brown v. LeClair, 20 Mass. App. Ct. 976 (1985)
Jurisdiction
Massachusetts (state)
Effective Date
1985-09-11

Full Text

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The judge found that at the inception of LeClair’s tenancy there were a number of violations of the State Sanitary Code and that these problems had caused the prior tenant to vacate the premises after living there a few months. He also found that the landlord was repeatedly notified of the ongoing leaks and other problems on several occasions, and that, despite these complaints, the leakage and the roach problem remained uncorrected through April, 1982. LeClair testified that he complained about leaks “throughout the tenancy” or “through . . . fall ’81.” There is no set rule as to the number of times a tenant must complain of a matter which remains unrepaired in order to preserve his right to an abatement. The judge’s findings are not clearly erroneous.