Blackett v. Olanoff
case brief summary
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358 N.E.2d 817
CASE SYNOPSIS: Plaintiff
landlords appealed a judgment of the Housing Court of the City of
Boston (Massachusetts) in favor of defendant tenants in suit to
collect rent.
FACTS: Plaintiff landlords sued defendant tenants to collect past-due rent. Defendant tenants successfully raised the defense of constructive eviction. They claimed that late evening noise from a nearby lounge leased by plaintiff landlords to others violated their implied warranty of quiet enjoyment, and the lower court agreed.
HOLDING:
The court affirmed, holding that plaintiff landlords had it within their control to correct the conditions that caused plaintiff tenants to vacate their apartments.
ANALYSIS:
The noise problem was the natural and probable consequence of plaintiff landlords permitting the lounge to operate where it did and, therefore, they were not entitled to collect rent for residences that were not reasonably habitable.
CONCLUSION: The court affirmed, holding that plaintiff landlords had it within their control to correct the conditions which caused plaintiff tenants to vacate their apartments and, therefore, they were not entitled to collect rent for residences that were not reasonable habitable.
FACTS: Plaintiff landlords sued defendant tenants to collect past-due rent. Defendant tenants successfully raised the defense of constructive eviction. They claimed that late evening noise from a nearby lounge leased by plaintiff landlords to others violated their implied warranty of quiet enjoyment, and the lower court agreed.
HOLDING:
The court affirmed, holding that plaintiff landlords had it within their control to correct the conditions that caused plaintiff tenants to vacate their apartments.
ANALYSIS:
The noise problem was the natural and probable consequence of plaintiff landlords permitting the lounge to operate where it did and, therefore, they were not entitled to collect rent for residences that were not reasonably habitable.
CONCLUSION: The court affirmed, holding that plaintiff landlords had it within their control to correct the conditions which caused plaintiff tenants to vacate their apartments and, therefore, they were not entitled to collect rent for residences that were not reasonable habitable.
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