Blackett v. Jerrold Olanoff case brief

Blackett v. Jerrold Olanoff, Supreme Jud. Ct of MA, 1977

1. D raised constructive eviction as defense against landlord’s claim. D claim substantially deprived of quiet enjoyment for a substantial time due to late evening and early morning music and disturbances coming from nearby premises the landlord leased to other for use of bar.
2. Holding – because owner of the bar were tenant’s and since landlord knows the likelihood of noisy activity, then the landlord has control over the premises and therefore the noise can be attributed to the landlord  landlord has constructively evicted the tenant
3. Rule – Although landlord did not intend to create conditions, they had within their control to correct conditions which amounts to constructive eviction
   1. Nonfeasance vs. misfeasance