Massachusetts Supreme Judicial Court
358 N.E.2d 817 (Mass. 1976)
The tenant in each of these consolidated actions (tenants) (defendants) for nonpayment of rent asserts a defense of constructive eviction as a result of a breach of the implied covenant of quiet enjoyment. The tenants leased residential units from landlords (plaintiffs), who also leased nearby premises for use as a cocktail lounge. Late night music and other noise from the lounge continually disturbed the tenants. When they complained to either the landlords or the lounge directly, attempts were made to quiet the noise, but these attempts were repeatedly unsuccessful. Subsequently, the tenants vacated their apartments and the landlords brought this action to recover rent. The lower court found in favor of the tenants on the grounds of constructive eviction due to breach of the implied covenant of quiet enjoyment. The landlords appealed.
Rule of Law
Holding and Reasoning (Wilkins, J.)
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