Showing 41–52 of 52 results
...In short, under the Massachusetts rule, immediately upon notice to the landlord of a breach of warranty of habitability, the tenant need only pay what the property is worth; the rent is abated to that extent. Cf. William J. Davis...
...Pajic alleged that Foote Properties failed to timely repair both his air conditioning, when it broke down in the height of summer, and a leak and hole in his bathroom ceiling. These allegations, if credited (as they must be at...
...Pajie a reduction in rent during the months that the apartment had these habitability issues. Mr. Pajie asserted three counterclaims: (1) breach of contract, for failing to make timely repairs to the problems with the apartment; (2) harassment; and (3...
...of the landlord’s breach of warranty of habitability and violations of applicable housing regulations. The balance of damages of $103.68 was for reimbursement of appellee’s expenditures in repairing various claimed defects in the premises. Tenant also sought...
Daysi Fernandez sued her landlords, Howard and Maxine Bernstein, trading as H & M Enterprises (H & M), because of leaking and falling ceilings that were frequently torn down and repaired, but always leaked and crumbled anew, and because of rodent infestation...
...Daysi Fernandez sued her landlords, Howard and Maxine Bernstein, trading as H & M Enterprises (H & M), because of leaking and falling ceilings that were frequently torn down and repaired, but always leaked and crumbled anew, and because of rodent infestation...
...This duty can be satisfied either by making the necessary repairs or by terminating use of the premises as a place of human habitation.” But Diamond’s assertions to the contrary notwithstanding, this statement does not give the landlord carte...
...This duty can be satisfied either by making the necessary repairs or by terminating use of the premises as a place of human habitation." But Diamond's assertions to the contrary notwithstanding, this statement does not give the landlord carte...
Fernandez’s nuisance claim was based on H & M’s alleged failure to repair the defective conditions of the apartment, which interfered with her use and enjoyment of her leasehold. Her claim has two flaws. First, the interference of which...
Fernandez's nuisance claim was based on H & M's alleged failure to repair the defective conditions of the apartment, which interfered with her use and enjoyment of her leasehold. Her claim has two flaws. First, the interference of which...
...We see nothing inherently inconsistent in a rule which conditions recovery under a theory alleging breach of the implied warranty of habitability upon a demonstration that the landlord has failed to exercise reasonable care to comply with the Housing Regulations...
...We see nothing inherently inconsistent in a rule which conditions recovery under a theory alleging breach of the implied warranty of habitability upon a demonstration that the landlord has failed to exercise reasonable care to comply with the Housing Regulations...