Hoban v. Masters

The plaintiff instituted this summary process action to recover possession of premises leased by him to the defendant, based on the defendant's failure to pay rent. The defendant claimed that a leaking roof rendered the premises untenantable within the meaning of the lease, so that no rent was due. The trial court rendered judgment for the defendant, and the plaintiff has appealed.

The sole issue to be decided is whether the premises were untenantable within the meaning of the lease or any applicable statute, thereby absolving the defendant of her obligation to pay rent. The following facts…