Is harassment that takes place by an agent of the LL a "bad condition" or "breach of quiet enjoyment"

Circumstances: a: A construction worker doing or proposing to do types of construction that require special MA license and/or a permit where neither exists who also harasses, intimidates and bullies a tenant when on premises doing work that is circumventing proper licensing and requirements to do it. b: Worker considered 'agent' of (absentee) LL regarding all matters of construction. c: LL fails to act on tenant's complaints of harassment and instead enables it further d: Harassment is type which after described in a police report results in an officer telling agent he could be facing criminal charges if he does not stop. (Only then, did the harassment stop.) Is this sort of thing a "bad condition", "breach of quiet enjoyment" or both?

Somerville, MA -

Attorney Answers (1)

Julie Court Molloy

Julie Court Molloy

Family Law Attorney - East Sandwich, MA

It certainly sounds as though it is a breach of "quiet enjoyment," but depending on what it is that requires repair and maintenance, it could also be a condition that amounts to breach of warranty of habitability.

You should consult experienced landlord-tenant attorney to review your options.

Best wishes.

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