Fidelity Mutual Life Insurance Co. v. Kaminsky
Court of Appeals of Texas
768 S.W.2d 818 (1980)
Dr. Robert Kaminsky (defendant), a gynecologist who performed abortions, leased office space from Fidelity Mutual Life Insurance (plaintiff) under a lease guaranteeing his quiet enjoyment and requiring Saturday security. Beginning in 1984, anti-abortion protesters picketed the building, mostly on Saturdays when Dr. Kaminsky scheduled abortions, eventually entering the building, blocking the stairs, and preventing patients from reaching his office. Dr. Kaminsky repeatedly complained to Fidelity, but Fidelity provided no security and never actually delivered notices its own attorneys had drafted demanding the protesters leave; when Dr. Kaminsky turned to the sheriff, officers refused to act without Fidelity's direction. Dr. Kaminsky abandoned the premises and stopped paying rent. Fidelity sued for unpaid rent; Dr. Kaminsky claimed constructive eviction, and the jury agreed. Fidelity appealed, arguing the protesters -- not Fidelity -- caused the abandonment, and that Dr. Kaminsky was never permanently deprived of the space.
Whether a landlord's failure to act despite repeated requests to protect a tenant's quiet enjoyment from third-party interference can constitute a constructive eviction.