Hebner v. McMahon

On November 25, 2005, the plaintiff, Karl Ebner (“Ebner”), served on Lisa McMahon (“McMahon”) a notice to quit an apartment she rented as a tenant at will in a building owned by Ebner in Waltham. Ebner thereafter commenced a summary process action, and McMahon responded with an answer and counterclaim, alleging that Ebner had breached the implied warranty of habitability in various ways, and interfered with her quiet enjoyment by entering her apartment without notice. At the ensuing bench trial, McMahon presented evidence that, because of a leak in the boiler, she experienced inadequate heat,…