Smith leased an apartment from Baker that was located immediately above Baker's shop.Smith moved into possession on a monthly tenancy.The noise created by Baker in his shop disturbed Smith,although it would not disturb most people.
-If the noise was such that it rendered living in the apartment impossible,Smith would be entitled to have the lease terminated.

Question

Quizplus · Accepted Answer

Smith has the right to terminate the lease if the noise makes it impossible to live in the apartment, even if it wouldn't necessarily affect most people. This is due to the implied warranty of habitability, which guarantees tenants the right to quiet enjoyment of their rental property.

Smith Leased an Apartment from Baker That Was Located Immediately