Can you break a lease in Massachusetts without pentaly because of a bad neighbor and unresponsive landlord?
Every lease includes a warranty of habilitability. I’ve only had 1 real estate class now, but from what I gathered the habitability concerns mandated health & safety-related issues that are in the LL’s control and not public nuisance issues. Random find on the web: “California law provides that every lease for the rental of residential property implies an obligation on the landlord’s part to provide safe and functional plumbing and heating, water and sewage services, electricity, ventilation, weatherproofing, locks, safe floors and stairways, adequate garbage containers, and to keep the building and grounds free of garbage, unsanitary conditions, and vermin. The existence of any one or more of these conditions could give the tenant the right to repair the condition and deduct the expense from the rent, to petition the Rent Board for a rent decrease, to claim a defense to eviction or unlawful detainer, or to declare constructive eviction.” That last term, constructive eviction, is key,
