Friday, March 23, 2012

Reste Realty v. Cooper case brief

Reste Realty v. Cooper, NJ Supreme Court, 1968
  1. P sues D to recover rent due and unlawful abandonment of premises. D claim flooding greatly inconvenienced the conduct of her business and meetings. P claim that D had waived her rights because took too long to get out.
  2. Holding: Landlord had breached covenant which justified the tenant’s removal from premises
  3. Rule: Tenant’s right to claim constructive eviction will be lost if he does not vacate premises within a reasonable time after the right comes into existence
  4. Rule: Act or omission of landlord or anyone who acts under authority which renders premises substantially unsuitable for the purposes for which it was leased - constitutes constructive eviction

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