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       #Post#: 42--------------------------------------------------
       Reste Realty Corp v. Cooper
   DIR By: SunsetSailor
       Date: January 27, 2011, 10:36 pm
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       RULE:
       * Where there is such a covenant, whether express or
       implied, and it is breached substantially by the landlord, the
       courts have applied the doctrine of constructive eviction as a
       remedy for the tenant.  Under this rule any act or omission of
       the LL or of anyone who act under authority or legal right from
       the LL, or of someone having superior title to that of the LL,
       which renders the premises substantially unsuitable for the
       purpose for which they are leased, or which seriously interferes
       with the beneficial enjoyment of the premises, is a breach of
       the covenant of quiet enjoyment and constitutes a constructive
       eviction of the tenant… (425)
       1. MUST BE SUBSTANTIAL (act or omission by LL that
       renders the premises unsuitable & interfere w/ enjoyment of
       them) & MUST BE PERMANENT…if it is not substantial, the T is
       liable and the lease continues
       2. Majority Rule:  Covenant of quiet enjoyment is
       implied
       3. Right of constructive eviction arises when there is
       a substantial interference, and the T informs the LL about it,
       and the LL does nothing.
       * After constructive evictionIf T waits too long to
       leave, he waives his right to constructive eviction (must leave
       w/in a reasonable period of time)
       1. LL must have notice of the problem & have
       opportunity to cure
       2. Remedies for Constructive Eviction:
       o T should be entitled to seek lesser remedies
       than just terminating the lease (can stay in possession and sue
       for damages)
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