3000 B.C. v. Bowman Properties Ltd.
Supreme Court of Pennsylvania, Eastern District
2008 WL 5544414 (2008)
A landlord violates its tenant’s implied right of quiet enjoyment of the premises if the landlord’s conduct substantially and fundamentally impairs the utility of the premises for the tenant.
Relevant Facts
3000 B.C. (plaintiff) operated a spa requiring a peaceful and quiet environment. The spa had rented space from Bowman Properties Limited (Bowman) (defendant) for 12 years. Bowman then leased the apartment above the spa to the Hair Cuttery, whose construction and resultant noise harmed 3000 B.C.'s business, leading to financial loss and an eventual move to another location mid-lease. 3000 B.C. sued Bowman for breach of the implied covenant of quiet enjoyment.
Issue
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Holding & Reasoning
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Concurrence
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Dissent
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Last updated:
December 8, 2023
Judicial Opinion
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Procedural History
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Citations
2008 WL 5544414 (2008)