Blackett v. Olanoff
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.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.