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. Smitty has quiet enjoyment of the premises.

Question

Quizplus · Accepted Answer

Smitty has quiet enjoyment of the premises, which means that he has the right to use the premises without unreasonable interference from the landlord or other tenants. The noise created by Batten in his shop is an unreasonable interference with Smitty's quiet enjoyment of the premises, even though it would not disturb most people.

Smitty Leased an Apartment from Batten That Was Located Immediately