3000 B.C. v. Bowman Properties Ltd.

3000 B.C. (plaintiff) operated a spa that depended on a peaceful, quiet environment and had rented space from Bowman Properties Ltd. (defendant) for 12 years. Bowman then leased the unit above the spa to a Hair Cuttery, whose construction and ongoing noise harmed the spa's business and ultimately forced it to move mid-lease. 3000 B.C. sued Bowman for breach of the implied covenant of quiet enjoyment.

Whether a landlord violates a tenant's implied right of quiet enjoyment where the landlord's conduct substantially and fundamentally impairs the utility of the premises for the tenant.