Classic Restaurant Concepts, LLC v. President and Fellows of Harvard College (2024)

Citation: Classic Restaurant Concepts, LLC v. President and Fellows of Harvard College (2024)
Parent Document: Classic Restaurant Concepts, LLC v. President and Fellows of Harvard College (2024)
Jurisdiction: Massachusetts (state)
Effective Date: 2024-06-25
Original Source: https://www.courtlistener.com/opinion/9988087/classic-restaurant-concepts-llc... ↗

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13We need not resolve the parties' disagreement regarding
whether, under Winchester v. O'Brien, 266 Mass. 33 (1929), a
tenant may recover on a quiet enjoyment claim even if "the work
was carried on in a reasonable and proper manner." Id. at 38.
Although the precise basis of liability in that nearly century-
old decision is not easy to discern, Harvard cites no case
suggesting that a landlord's performing construction work in a
"reasonable and proper manner" constitutes a defense to a quiet
enjoyment claim based on the work's effect on the tenant.
Rather, the reasonableness of a landlord's affirmative conduct
necessarily depends in part on whether the conduct substantially
interferes with the tenancy.
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