Showing 61–80 of 88 results
...758, 761 (1979) (failure to repair leaky roof); Dorgan v. Loukas, 19 Mass. App. Ct. 959, 960 (1985) (failure to bring apartment into habitable condition and to keep it so). A “landlord’s conduct, and not his intentions, is controlling...
...the term will be revived when the dwelling becomes habit-: able. If the tenant elects to stay on until the end of the term and the landlord makes no repairs, the tenant will be liable for the reasonable value, if...
...of the term will be revived when the dwelling becomes habitable. If the tenant elects to stay on until the end of the term and the landlord makes no repairs, the tenant will be liable for the reasonable value, if...
...an implied covenant by the lessor to repair the premises in keeping with the requirements of the housing code. . . . Possibly my preference for the use of the term ‘implied covenant’ instead of ‘implied warranty of habitability’ as used by the...
...an implied covenant by the lessor to repair the premises in keeping with the requirements of the housing code.... Possibly my preference for the use of the term `implied covenant' instead of `implied warranty of habitability' as used by the...
The defendants advance the further argument that even if the implied warranty of habitability is available to non-tenant guests, it does not apply to defects in common areas such as an exterior staircase. In Hemingway, the Supreme Judicial Court...
Massachusetts’ courts traditionally have not extended the protections available to parties to a residential lease, such as the warranty of habitability and the covenant of quiet enjoyment, to parties to a commercial lease. See generally, Chausse v. Coz, 405 Mass...
...The tenant, Renate Casey, answered and counterclaimed that York had breached the warranty of habitability and the covenant of quiet *745enjoyment by failing to repair certain conditions in the premises. She also claimed retaliatory eviction and violation of G. L...
...breach of the implied warranty of habitability because the warranty does not extend to the walkway outside her apartment. “(T]he implied warranty of habitability is concerned with the provision, maintenance, and repair of the physical facilities vital to the...
9 We recognize that when a landlord has violated the warranty of habitability, it does not get a grace period from damages for the reasonable time necessary to make repairs. See Berman & Sons, Inc., supra at 199-200. However, we...
Although Brooks points out, quite correctly, that an unnatural accumulation could in principle support the application of the implied warranty, the warranty extends only to significant defects that pertain to “the physical maintenance and repair of a dwelling unit” and...
...All three cases involve house builders, i.e., there was a separate agreement to construct or repair a building upon the premises to be conveyed. In those circumstances it was plausible to reason that the obligation to build was collateral...
...All three cases involve house builders, i.e., there was a separate agreement to construct or repair a building upon the premises to be conveyed. In those circumstances it was plausible to reason that the obligation to build was collateral...
...The tenants had asserted various counterclaims, including breach of the implied warranty of habitability, interference with quiet enjoyment, intentional infliction of emotional distress, and violation of G. L. c. 93A. The tenants and the landlord testified, and the tenants introduced...
The judge’s award based on a wilful or knowing violation is supported by evidence that the previous tenant, who moved out in 1979, was unsuccessful in obtaining repairs and that some of the problems (leaks) had persisted for three...
...A tenant’s action for a breach of the implied warranty of habitability (or a counterclaim on this ground) serves the related purpose of forcing a landlord to repair defects in a substandard housing unit. See Simon v. Solomon, supra.
...An implied warranty assures that consumers receive that for which they have bargained, an objectively habitable home, see Miller v. Cannon Hill Estates, Ltd., 2 K.B. 113, 120-121 (1931); it protects purchasers from structural defects that are nearly...
...Cullen (“Defendants”), committed breach of contract, breach of warranty, breach of implied warranty of habitability, and violation of G.L.c. 93A. The Plaintiffs allege that the Defendants failed to finish construction and repair *505defects in the home as promised...
...758, 761 (1979) (failure to repair leaky roof); Dorgan v. Loukas, 19 Mass. App. Ct. 959, 960 (1985) (failure to bring apartment into habitable condition and keep it so). Today we make clear what was implicit in those rulings: to...
...They argue, however, that the warranty of habitability imposes strict liability for injuries resulting from *26its breach,7 and proof of the breach is found in the violation of the MEC or the State sanitary code. The trial judge, however...