Blackett v. Olanoff
Massachusetts Supreme Judicial Court
1Opinion of the CourtWilkins, J.
The defendant in each of these consolidated actions for rent successfully raised constructive eviction as a defense against the landlords’ claim. The judge found that the tenants were “very substantially deprived” of quiet enjoyment of their leased premises “for a substantial time” (emphasis original). He ruled that the tenants’ implied warranty of quiet enjoyment was violated by late evening and early morning music and disturbances coming from nearby premises which the landlords leased to others for use as a bar or cocktail lounge (lounge). The judge further found that, although the…
2Cases cited16 opinions
- Case v. MinotMassachusetts Supreme Judicial Court · 1893
- Charles E. Burt, Inc. v. Seven Grand Corp.Massachusetts Supreme Judicial Court · 1959
- Skally v. ShutsMassachusetts Supreme Judicial Court · 1882
- Westland Housing Corp. v. ScottMassachusetts Supreme Judicial Court · 1942
- De Witt v. PiersonMassachusetts Supreme Judicial Court · 1873
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3Cited by19 opinions
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- Wesson v. Leone Enterprises, Inc.Massachusetts Supreme Judicial Court · 2002
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