Can you cite a case where a tenant sued a landlord, for failure to provide 'quiet enjoyment' of the property? 7 Answers as of February 18, 2013

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.

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Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
Or you can do the legal research your law professor wants you to do.
Answer Applies to: Idaho
Replied: 2/18/2013
Neil J. Lehto, Esq.
Neil J. Lehto, Esq. | Neil J. Lehto
Court records are getting easier to find because many courts now are using electronic filing. However, there are none that I am aware of that are indexed for searching, excessive noise and quiet enjoyment. The decisions of cases that have been appealed are published and there have been available means for searching for many years, in print and electronically online. Appellate decision rarely reproduce the entire actual complaint filed in the case.
Answer Applies to: Michigan
Replied: 2/15/2013
Reade & Associates
Reade & Associates | R. Christopher Reade
In Nevada, the purpose of the covenant of quiet enjoyment is to secure tenants against the acts or hindrances of landlords. Ripps v. Kline, 70 Nev. 510, 513, 275 P.2d 381, 382 (1954). Therefore, to prove a sufficient issue for breach of the covenant of quiet enjoyment, the tenant need only provide evidence demonstrating constructive eviction; actual eviction is not required. Winchell v. Schiff, 124 Nev. 938, 939 (2008); see also Silver Dev. Corp. v. Gavin, 95 Nev. 526, 598 P.2d 625 (1979).
Answer Applies to: Nevada
Replied: 2/15/2013
Winnick Ruben Hoffnung Peabody & Mendel, LLC | Daniel N. Hoffnung
I can't access the complaints. A few citations for "Constructive Eviction": Conference Center, Ltd v. T.R.C., 189 Conn. 212 Amsterdam Realty Co. v Johnson, 136 Conn. 243 161 A. 339 Johnson v. Fuller, 190 Conn. 552 Welk v. Bidwell, 136 Conn. 6031, 73 A.2d 295a
Answer Applies to: Connecticut
Replied: 2/15/2013
The Law Offices of Tres A. Porter | Tres A. Porter
Unfortunately, published landlord-tenant decisions are not very common. Also even if the case is published, the actual pleadings are not "published" although they are public record. You would have to find the published opinion, determine where the lawsuit was filed and then view the file from the underlying case. Interference with quiet enjoyment is a valid cause of action, but generally it must be a specific act or inaction on the part of the landlord. You may wish to consult a real property attorney, or contract attorney in your area.
Answer Applies to: California
Replied: 2/15/2013
    Kevin J. Connolly
    Kevin J. Connolly | Kevin J. Connolly
    Nope. "Quiet enjoyment" has very little to do with noise. It means that as long as you pay your rent, you won't be evicted. Now there is a concept called "constructive eviction." This happens when you cannot use part of the apartment; or when the apartment is so unlivable that no self-respecting tenant would live here. So you can move out, and not be liable for future rent. As to back rent, you have to show a breach of the warranty of habitability, the same problem as entitled you to cancel the lease going forward, only now you're reaching back and asking how much of a rebate on rent already paid will you get.
    Answer Applies to: New York
    Replied: 2/15/2013
    Ken Love Law | Kenneth Love
    Unfortunately, trial level cases are not reported in such a way where they can be cited and you can look up the documents. You would have to get the physical file to get the complaint. If you wanted a cite to a state Supreme Court or Court of Appeals case, you could get that but it would not have the complaint in its records, you could only get the decision from the Court.
    Answer Applies to: North Carolina
    Replied: 2/15/2013
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