QUESTION

Can you cite a case where a tenant sued a landlord, for failure to provide 'quiet enjoyment' of the property?

Asked on Feb 12th, 2013 on Landlord and Tenant Law - New York
More details to this question:
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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5 ANSWERS

Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Or you can do the legal research your law professor wants you to do.
Answered on Feb 18th, 2013 at 11:14 PM

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Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC at Love and Dillenbeck Law
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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.
Answered on Feb 15th, 2013 at 2:18 PM

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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.
Answered on Feb 15th, 2013 at 2:18 PM

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Arts Attorney serving Berkley, MI at Neil J. Lehto
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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.
Answered on Feb 15th, 2013 at 2:18 PM

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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.
Answered on Feb 15th, 2013 at 2:18 PM

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