Wesson v. Leone Enterprises, Inc.

774 N.E.2d 611 (2002)

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Nature of the Case

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Facts

Wesson (P), was the trustee of a multi-tenanted commercial building located in Danvers in which the Leone (D) rented space. The lease ran for five years, commencing on March 31, 1988. D complained to P about 'significant leaks in the roof' in April 1991. P agreed to fix the roof. The roof was patched, but the leaks reappeared later that spring, and P hired a professional roofing contractor to make further repairs. In early August, 1991, the roof began leaking in some of the same places previously repaired. After these leaks were repaired another leak was caused by a defective electrical conduit connected to the roof-top air conditioning unit, the maintenance of which was D's responsibility under the lease. On November 4, 1991, D notified P that he would be 'vacating the premises on or before December 31, 1991, 'for reasons well known; The constant lack of minimal heat as well as the serious leakage problem.' D paid rent in full through the end of 1991. P sued D for a breach of contract and damage to the demised premises. D filed counterclaims for constructive eviction and deceptive business practices under G. L. c. 93A, § 11. The landlord then amended his complaint to add a claim against the tenant for interference with advantageous relations. The judge concluded that D had been constructively evicted from the premises by P's failure to adequately repair the roof and was therefore relieved of its obligation to pay rent. Alternatively, she held that, even if the tenant had not been constructively evicted, D could have lawfully withheld the rent under the dependent covenants rule, where the landlord had failed to provide a 'dry space,' a service 'essential' to the lease. Relocation damages in the amount of $1,063 were awarded to D. P appealed, claiming the trial judge erred in (1) concluding that there was sufficient evidence to support the constructive eviction claim; and (2) applying the 'dependent covenants' rule to the parties' commercial lease.