DeNardo v. Corneloup

A tenant sued his neighbor and landlord for secondhand cigarette smoke drifting into his apartment. On appeal, the court rejected all of the tenant’s claims, ruling that (1) the landlord did not breach the covenant of quiet enjoyment because there was no evidence that the landlord substantially disturbed the tenant’s use of his land; (2) there was no battery because the smoke did not intentionally contact the tenant; (3) the trespass claims failed because the tenant did not prove that the landlord should be liable for tenant conduct it could not control; and (4) the nuisance claim failed because the tenant did not demonstrate that a tenant’s cigar smoking was an ultrahazardous activity. Finally, the court rejected the tenant’s claim for retaliatory eviction (i.e., that he was evicted because he filed a lawsuit) because the tenant was behind on his rent and could not prove that his failure to pay rent was excused.

Denardo v. Corneloup, 163 P.3d 956 (Alaska 2007).

  • United States
  • Jul 13, 2007
  • Supreme Court of Alaska
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Parties

Plaintiff Daniel DeNardo

Defendant

  • Foreman Properties Partnership
  • Pat Corneloup

Legislation Cited

Alaska Uniform Residential Landlord and Tenant Act

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None

"We affirm. There was no error in dismissing DeNardo's claims of negligence and breach of the covenant of habitability after he voluntarily moved for dismissal of those claims and failed to preserve them in the superior court. There was no error in rejecting his claim that the landlord breached the covenant of quiet enjoyment, because there was no evidence the landlord substantially disturbed his use of the land. There was no error in rejecting his battery claim, because there was no contention that either defendant deliberately caused smoke to contact him. There was no error in rejecting his trespass and nuisance claims, because the arguments DeNardo makes here for imposing a duty on the tenant to refrain from smoking are unpersuasive, because he has not established that the landlord should be liable in trespass for tenant conduct it cannot control, and because he has not established that cigarette smoking by a tenant is ultrahazardous activity. We also affirm the grant of summary judgment on DeNardo's claim of retaliatory eviction, because we conclude that he has not established that his failure to pay his rent in full was excused. He was therefore “in default in rent” per AS 34.03.310(c)(1) and ineligible to claim retaliatory eviction."