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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Boston Housing Authority v. Hemingway, 293 N.E.2d 831 (1973)

Citation
Boston Housing Authority v. Hemingway, 293 N.E.2d 831 (1973)
Parent Document
Boston Housing Authority v. Hemingway, 293 N.E.2d 831 (1973)
Jurisdiction
Massachusetts (state)
Effective Date
1973-03-05

Other Sections in This Document (181)

Full Text

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However, the landlord’s breach of its implied warranty of habitability constitutes a total or partial defence to the landlord’s claim for rent being withheld, depending on the extent of the breach. The tenants’ claim for damages based on this breach by the landlord should be limited to the period of time that each apartment remained uninhabitable after the landlord had notice of the defects. The measure of damages would be the difference between the value of each apartment as warranted and the rental value of each apartment in its defective condition.