Can you cite a case where a tenant sued a landlord for Constructive Eviction, based on failure to provide 'quiet enjoyment'?
The ideal case would involve excessive noise, and the landlord's refusal to remedy the situation. The location (State) where the lawsuit was filed is not important. I just want to read the Complaint.
It would be great if you cite more than one case. Thank you.
Personal Injury Lawyer
Hope this helps:
Examples of landlord breaches of the covenant of quiet enjoyment include renovating adjacent premises in such a way that the leased premises become uninhabitable (see McDowell v Hymann (1897) 117 C 67, 48 P 984), permitting unsanitary conditions amounting to a nuisance to exist in the portions of the building under the landlord's control (see Johnson v Snyder (1950) 99 CA2d 86, 221 P2d 164), and failing to repair or replace an essential structure (see Petroleum Collections, Inc. v Swords, supra). A mere temporary trespass by the landlord, however, does not amount to a breach of the covenant. North Pac. S.S. Co. v Terminal Inv. Co. (1919) 43 CA 182, 185 P 205.
-Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.org Mike@jslaw.org This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.
Divorce / Separation Lawyer
Ideally, you will find a way without having it become anything like an "ideal case" There are many that address quiet enjoyment and constructive eviction but none exactly like yours. i.e. 249 A.2d 418 (1969) FREDERICK REALTY CORPORATION, v. GENERAL OIL CO., Inc. No. 396-Appeal.
Supreme Court of Rhode Island. January 16, 1969.
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