Net Realty Holding Trust v. Nelson
Superior Court of Connecticut
358 A.2d 365 (1976)
Relevant factsFree
The defendants leased shopping-center space from the plaintiff landlord to run a miniature golf course, but shoppers and other passersby routinely wandered onto the course and loitered without paying, eventually making the business unprofitable; the defendants abandoned the premises, and the landlord sued for the remaining rent owed under the lease. The defendants claimed the ongoing trespassing violated their right to quiet enjoyment and amounted to a constructive eviction.
IssueFree
Whether a landlord's duty to protect a tenant's right to quiet and peaceful possession and enjoyment of the premises extends to disturbances caused by third parties, or only to disturbances the landlord itself causes.