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Case Citations [1] (Spring 2025)

handle is hein.ali/resdplltnt0045 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2025 Citations PROPERTY 2D LANDLORD AND TENANT PART II. TENANT'S RIGHTS CHAPTER 5. CONDITION OF LEASED PROPERTY PREVENTS CONTEMPLATED USE § 5.3 Effect of Entry by Tenant on Remedies Then Available Alaska, 2024. Cit. in sup., quot. in ftn., coms. (b), (c), and (e) quot. in ftn. After landlord of an apartment building evicted residential tenants for nonpayment of rent, tenants counterclaimed, alleging, among other things, that landlord failed to deliver possession of habitable premises in violation of Alaska's Uniform Residential Landlord and Tenant Act, because the premises frequently lacked hot water and smelled of cigarettes smoked by landlord's employees. Following a hearing, the trial court awarded tenants damages. This court reversed in part and remanded, holding that tenants were not entitled to damages on their claim for failure to deliver possession. Citing Restatement Second of Property: Landlord and Tenant Law § 5.3, the court explained that, while the lack of hot water and cigarette smoke were habitability violations that materially affected health or safety, tenants failed to notify landlord in writing of the violations within a reasonable time after entering the premises. Dinh v. Raines, 544 P.3d 1156, 1173. CHAPTER 7. NONPERFORMANCE OF LANDLORD'S PROMISE § 7.1 Nonperformance of Landlord's Promise-Remedies Available Mass.App.2024. Quot. in case quot. in sup. Tenant that leased a commercial space to operate a restaurant sued landlord, alleging, among other things, that landlord breached the covenant of quiet enjoyment in the parties' lease by permitting the road in front of tenant's restaurant to be closed for more than two years to facilitate the renovation and construction of another property it owned across the street. The trial court granted summary judgment for landlord. This court vacated in part and remanded, holding that genuine issues of material fact existed as to whether landlord breached the covenant of quiet enjoyment such that tenant could obtain declaratory relief that the lease and its rent obligation were terminated under the rule of mutually dependent covenants under Restatement Second of Property: COPYRIGHT 02025 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.