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 was such that it rendered living in the apartment impossible, Smitty would be entitled to have the lease terminated.

Question

Quizplus · Accepted Answer

If the noise created by Batten renders the apartment uninhabitable or substantially interferes with Smitty's use and enjoyment of the leased premises, Smitty may have grounds to terminate the lease based on a breach of the implied warranty of habitability or quiet enjoyment, depending on jurisdictional law.

Smitty Leased an Apartment from Batten That Was Located Immediately