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What Is the Implied Warranty of Habitability in Massachusetts? - Colucci, Colucci & Marcus, P.C.
From Colucci, Colucci & Marcus, P.C. - What Is the Implied Warranty of Habitability in Massachusetts? explains how state building and sanitary codes set minimum standards for rental housing and when an unsafe condition can support a personal injury claim. The warranty requires that residential rental property be fit for human habitation, though an isolated code violation does not automatically amount to a breach. In Boston Housing Authority v. Hemingway, the Supreme Judicial Court held that a residential landlord impliedly warrants that premises are fit for human habitation under an oral or…
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