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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

673 chars
The constructive eviction defence gave the tenant the option of abandoning the demised premises in order to extinguish his rental obligation if the court shared the tenant's view as to what acts or omissions on the landlord's part constituted a breach of his duty to assure quiet possession. However, this defence offered little solace to the tenant who was more interested in securing a livable dwelling than a plot of land. Once again, this court responded by creating another exception to the independent covenants rule in those cases where the circumstances made it clear that the tenant's purpose in signing the lease was to secure a dwelling fit for human occupation.