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Reste Realty v. Cooper: Difference between revisions
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|issues=May a tenant vacate leased premises & avoid future rent payments if a landlord seriously interferes with the premises' intended use & enjoyment? | |issues=May a tenant vacate leased premises & avoid future rent payments if a landlord seriously interferes with the premises' intended use & enjoyment? | ||
|arguments=Reste argued that Cooper had waited for 9 months for repairs before vacating the premises. | |||
|holding=Yes. A landlord's serious interference with the premises' intended use & enjoyment of premises constitutes constructive eviction, justifying the tenant's departure & relieving further rent obligations. | |holding=Yes. A landlord's serious interference with the premises' intended use & enjoyment of premises constitutes constructive eviction, justifying the tenant's departure & relieving further rent obligations. | ||
The Court rejects Reste's claim that Cooper waived the right to constructive eviction by remaining on the premises for an unreasonable period. | |||
|judgment=Reversed | |judgment=Reversed | ||
|reasons=Justice Francis: If a lease contains a covenant of quiet enjoyment, a landlord's substantial breach of that covenant may constitute constructive eviction. | |reasons=Justice Francis: If a lease contains a covenant of quiet enjoyment, a landlord's substantial breach of that covenant may constitute constructive eviction. | ||
Latest revision as of 19:59, April 27, 2024
| Reste Realty v. Cooper | |
| Court | New Jersey Supreme Court |
|---|---|
| Citation | 251 A.2d 268 |
| Date decided | March 17, 1969 |
Facts
- In 1958, Mrs. Cooper rented the basement floor of an office building for business meetings & training sessions
- Because of construction defects in the driveway, Cooper's rented space became flooded whenever it rained
- After re-surfacing by the proprietor, the rain leaks became worse
- After the former building manager died in 1961, the new building manager ignored Cooper's leak complaints
- Cooper's meetings & trainings were disrupted because of the water leaks
- After a rainstorm that flooded the building basement at 5 inches in December 1961, Cooper submitted a notice & vacated the premises
- Reste Realty Corp. = "Reste" = the new management company of Cooper's building in New Jersey in 1962
- Cooper's lease was assigned to Reste in 1962
Procedural History
- In 1964, Reste sued Cooper for un-paid rent for the balance of Cooper's lease term
- Cooper won in the trial court
- The trial court found that Cooper was the subject of a constructive eviction
- Cooper lost in the Appellate Division
Issues
May a tenant vacate leased premises & avoid future rent payments if a landlord seriously interferes with the premises' intended use & enjoyment?
Arguments
Reste argued that Cooper had waited for 9 months for repairs before vacating the premises.
Holding
Yes. A landlord's serious interference with the premises' intended use & enjoyment of premises constitutes constructive eviction, justifying the tenant's departure & relieving further rent obligations.
The Court rejects Reste's claim that Cooper waived the right to constructive eviction by remaining on the premises for an unreasonable period.Judgment
Reversed
Reasons
Justice Francis: If a lease contains a covenant of quiet enjoyment, a landlord's substantial breach of that covenant may constitute constructive eviction.
