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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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[3] This obvious limitation on the total interdependence of the landlord's obligation to repair and maintain the rented premises and the tenant's obligaton to pay rent also appears in the opinion of the court. It is a reasonable limitation in view of the fact that a tenant, if he wishes to remain in possession and either withhold payment of rent or pay rent into court, may do so to the extent permitted by G.L.c. 111, § 127F, inserted by St. 1965, c. 898, § 3, § 127H, as amended by St. 1972, c. 201, and § 127L, inserted by St. 1972, c. 799; or by G.L.c. 239, § 8A, as amended by St. 1969, c. 355. As a matter of policy it is not desirable that a tenant who does not avail himself of these statutory remedies be permitted to continue to occupy the landlord's premises indefinitely, without paying the rent to the landlord or depositing it in court when due, while prolonged legal proceedings to establish the rights and liabilities of the parties await final disposition by the courts.