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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The premises here were leased for use as residences.  See Boston Hous. Auth. v. Hemingway, 363 Mass. 184, 197 (1973) (lease of residential property is contract "to provide a dwelling suitable for habitation").  A dwelling's condition is expected to deteriorate over time as a tenant moves furniture in and out; cooks in the kitchen; bathes in the bathroom; relies on appliances with limited lifespans; and otherwise makes reasonable use of the property during the tenant's occupancy under the terms of the lease, including simply by walking on the floors, beside the walls, and through the doorways, day after day.  This "gradual deterioration" from ordinary use is the wear and tear for which a tenant is not liable at common law, 52 C.J.S. Landlord & Tenant § 559, at 527 (2024), and for which, so long as the degree of deterioration is reasonable, the lessor cannot make a deduction from the tenant's security deposit under G. L. c. 186, § 15B (4) (iii).

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