Smitty leased an apartment from Batten that was located immediately above Batten's shop. Smitty moved into possession on a monthly tenancy. The noise created by Batten in his shop disturbed Smitty, although it would not disturb most people. If the noise constituted a nuisance at law, Smitty would be entitled to obtain an injunction to stop Batten from making the noise.

Question

Quizplus · Accepted Answer

If the noise is legally considered a nuisance, Smitty has the right to seek an injunction to prevent Batten from continuing the disruptive noise, even if it only affects Smitty and not most people.

Smitty Leased an Apartment from Batten That Was Located Immediately