BRANDA PEEBLES & Another v. JRK PROPERTY HOLDINGS, INC., & others. (2025)

Citation: BRANDA PEEBLES & Another v. JRK PROPERTY HOLDINGS, INC., & others. (2025)
Parent Document: BRANDA PEEBLES & Another v. JRK PROPERTY HOLDINGS, INC., & others. (2025)
Jurisdiction: Massachusetts (state)
Effective Date: 2025-08-01
Original Source: https://www.courtlistener.com/opinion/10646213/branda-peebles-another-v-jrk-p... ↗

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And in Kaplan, 255 Mass. at 128, a building was leased for use as a movie theater.  After eight and one-half years "in daily use by an average of fifteen hundred patrons every day," the wear on the building was "severe" and consisted "chiefly in a general need of painting," including in various areas used by patrons.  Id. at 129.  In affirming the Superior Court's ruling in favor of the tenant to restrain the landlord's attempted forfeiture of the lease, we held that the covenant to keep the premises in good tenantable repair, "reasonable use and wear . . . excepted," had to "be considered with reference to the use the premises were to be put" and noted a factual finding that "the use and wear" of movie theaters was "recognized" to be "severe."  Id. at 128-130.

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