![]() In a warranty of habitability case, the Appeals Court, applied the tort principle that “the defendant must take its plaintiff as it finds him or her” and held that where material breach of the warranty of habitability occurred, a tenant’s special sensitivity to a condition in the apartment may be considered in the determination of the “diminished value to him” of the premises due to its defective condition. Triple damages apply to deductions wrongfully made from a deposit, not to defects in the statement of damages, such as the failure to include the required statutory pains and penalties wording in the statement. Equity Residential Management, L.L.C., 478 Mass. The court stated that the pit bull is a breed "commonly known to be aggressive." "While the defendants may not be held strictly liable by virtue of Tiny's breed, knowledge of that breed and its propensities may properly be a factor to be considered in determining whether the defendants were negligent under common-law principles." ![]() A dog bite victim sued the landlord of the owner of the dog, a pit bull. 714 (2014)ĭiscusses mitigation of damages, stating "who bears the burden at trial regarding the mitigation of damages within the landlord-tenant context is the subject of some uncertainty in Massachusetts." See footnote 10 in the case for an explanation of the uncertainty regarding burden of proof of mitigation of damages, with cites to various sources. 126 (2021)Ī landlord does not bear responsibility to a passerby in the street for injuries caused by a tenant's dog after the dog leaves the landlord's property. This requirement that some renters pay additional rent for essentially the same lots was a violation of the Manufactured Home Act, G. 268 (2020)Ī manufactured home community charged newer residents $96 per month more than they charged other residents. ![]() Intentionally depriving a tenant of access to a common area basement for a period of less than a month did not, without more, rise to the level of a substantial interference with her tenancy.īlake v.
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