Showing 21–40 of 88 results
...Warranty of habitability. The judge’s conclusion that the landlord breached the warranty of habitability due to “the failure to provide locks and the failure ... to completely repair the kitchen ceiling” is not clearly erroneous. See Wesson v. Leone Enterprises...
7 In the brief they filed in this court, the tenants raised no meaningful argument with respect to the Housing Court judge's denial of relief on their counterclaim for breach of the warranty of habitability. See G. L. c...
...It was thus the opinion of Congress that a regulation tying rent levels to habitability (i.e., “repair . . . and maintenance”) was within the authorizing language of the Federal act. Given this, we think it significant that the language enacted by...
We conclude that the implied warranty of habitability is concerned with the provision, maintenance, and repair of the physical facilities vital to the use of the leased premises, and is not breached solely by the presence on the premises of...
The policy reasons that led us to adopt an implied warranty of habitability in the purchase of a new home apply equally to the purchase of a new condominium unit. See Albrecht v. Clifford, supra at 710-712 (implied warranty...
...unless he knew or reasonably should have known of the defect and had a reasonable opportunity to repair it” may be alien to actions for injuries resulting from breach of the implied warranty of habitability. Young, at 170, fn. 9.
...b)(2) (1993) (failure to "maintain the dwelling unit in a condition fit for human habitation"). Torres also contends the unreasonable delay in repairing the floor violated § 3.17(1)(i) (1993) (failure "to comply with the State Sanitary Code...
...than tenants in a smaller one because repair costs would be divided among a greater number of dwelling units. It is our view that the damages for breach of the warranty of habitability with respect to a given living space...
...than tenants in a smaller one because repair costs would be divided among a greater number of dwelling units. It is our view that the damages for breach of the warranty of habitability with respect to a given living space...
...taken possession, if he has failed to exercise reasonable care to repair the condition and the existence of the condition is a violation of: (1) an implied warranty of habitability; or (2) a duty created by statute or administrative regulation.
...if he has failed to exercise reasonable care to repair the condition and the existence of the condition is in violation of ... an implied warranty of habitability." (Emphasis added.)
"The implied warranty of habitability ‘is concerned with the provision, maintenance, and repair of the physical facilities vital to the use of the leased premises.’ Not every breach of the State sanitary code supports a claim under the implied warranty...
...TO THE REPAIR OF THE PREMISES IN ACCORDANCE WITH THE HOME WARRANTY STANDARDS. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY SPECIAL, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES. SELLER HEREBY SPECIFICALLY EXCLUDES ANY OTHER WARRANTIES OF MERCHANTABILITY, HABITABILITY, WORKMANSHIP AND...
...The landlord repaired each leak promptly. On October 8, the pipe burst completely and the tenant was without heat until the pipe was repaired on October 20. Furthermore, from time to time, the apartment was without adequate hot water. These...
Count X of the Trustees’ third amended complaint alleges breach of the implied warranty of habitability. An implied warranty of habitability attaches to the sale of new homes and residential condominium units by builder-vendors in Massachusetts. Berish v. Bomstein...
...186, § 18, the judge found that Haddad’s *859attempt to evict Gonzalez was motivated solely by a desire to retaliate against her for her efforts to get him to repair her apartment. On the G. L. c. 93A counterclaim, the...
I concur with the majority that in general it is appropriate to remand cases involving breaches of the warranty of habitability to the Superior Court to allow it to determine the portion of rent to be rebated to the tenant...
...The delivery of an apartment in habitable condition is the consideration for payment of rent. As the promise to pay rent and the promise to maintain the apartment in a habitable condition are mutual and interdependent covenants, the breach of...
...186, § 18, the judge found that Haddad's *859 attempt to evict Gonzalez was motivated solely by a desire to retaliate against her for her efforts to get him to repair her apartment. On the G.L.c. 93A counterclaim...
...habitability as a de-fence to the landlord’s summary process action. “There *188is no implied agreement, apart from fraud, that the demised premises are or will continue to be fit for occupancy or safe and in good repair. The...