Showing 41–60 of 88 results
...habitability as a defence to the landlord's summary process action. "There *188 is 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...
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.” McAllister v. Boston Housing Authority, 429 Mass. 302, 305 (1999). About three decades ago, the...
...his dwelling repaired than getting his rent abated or extinguished, he should follow the procedures established by c. 239, § 8A. If the tenant fails to follow these procedures, he cannot use the landlord’s breach of the habitability warranty as...
...his dwelling repaired than getting his rent abated or extinguished, he should follow the procedures established by c. 239, § 8A. If the tenant fails to follow these procedures, he cannot use the landlord's breach of the habitability warranty as...
...the tenant’s inability to obtain financing for major repairs because “they have no long-term interest in the *718property.” This trend culminated in the almost universally recognized warranty of habitability implied in residential leases. See Vlatas, An Economic Analysis...
...The court declined to expand the scope of the warranty to encompass the plaintiffs’ claim and stated that the “implied warranty of habitability is concerned with the provision, maintenance, and repair of the physical facilities vital to the use of...
Also on December 17, 2001, the judge issued his findings of fact and order for judgment, which included the following: “Based on the report of the Housing Specialist the Court finds a material breach of the implied warranty of habitability...
On March 5, 1981, the second floor apartment was condemned as unfit for human habitation, and the tenants were ordered to vacate. The tenants eventually vacated the unit in July or August, 1981. The defendant then rented the unit to...
...186, §19 (imposing reasonable care obligations on landlord’s duty to repair rented premises); Herman v. Admit One Ticket Agency LLC, 454 Mass. 611, 615 (2009) (c. 93A action requires “casual connection between the injury suffered and the defendant’s...
...The court declined to rule that an implied warranty of habitability existed in that case. Id. at 267-68. The court did state that in some circumstances they might recognize an implied warranty of habitability in a lease for commercial...
“[T]he implied warranty of habitability is concerned with the provision, maintenance, and repair of the physical facilities vital to the use of the leased premises.” Doe v. New Bedford Hous. Auth., 417 Mass. 273. 287 (1994) (emphasis in original...
...the count for breach of the implied warranty of habitability, the judge found facts without *301reference to the housing specialist’s report. The judge found that the landlord’s unworkmanlike repairs forced the tenants to Uve in one bedroom for...
...the warranty of habitability in residential leases is the realization that tenants, particularly low income tenants in multiunit houses or apartment buildings, are usually not in a position to be able to authorize or afford the repair of serious code...
...By fixing a clear duty of repair on the landlord before the landlord can recover withheld rent in those cases where the demised premises are in violation of the standards of fitness for human habitation established under the State Sanitary...
...the warranty of habitability in residential leases is the realization that tenants, particularly low income tenants in multiunit houses or apartment buildings, are usually not in a position to be able to authorize or afford the repair of serious code...
...By fixing a clear duty of repair on the landlord before the landlord can recover withheld rent in those cases where the demised premises are in violation of the standards of fitness for human habitation established under the State Sanitary...
...The jury’s finding of negligence, which we conclude was fully supported by the evidence, indicates that the jury found the defendants had notice of the defective railing and failed to exercise reasonable care to repair it.9
...JRM eventually repaired the Unit to habitable condition and the Woburn Fire Department issued a certificate of occupancy for the Unit on November 13, 2000. (Agreed Facts ¶¶18, 19.) On November 30, 2000, Kimball and JRM filed a counterclaim against...
...The complaint asserts breach of warranty of habitability (Count I), failure to make repairs (Count II), G.L.c. 93A violations (Count III), negligence (Count IV), and failure to provide workers’ compensation insurance (Count V). Rufo has moved for summary...
...irrelevant statements because Johnson’s alleged cognitive disabilities do not relate to his claims for warranty of habitability, failure to make repairs, violations of c. 93A, negligence, or failure to provide workers’ compensation. Further, Simmons is not competent to testify...