A tenant in a two-unit rental home complained of secondhand smoke drifting from the downstairs unit, which was occupied by the building’s owner. After moving out, the tenant sued the owner to end the lease and to recover his security deposit, claiming that the owner’s smoking violated the covenant of quiet enjoyment. A trial court found in favor of the owner and dismissed the tenant’s claim. The court of appeal disagreed and ruled that reasonable minds could differ about whether the drifting smoke violated the covenant of quiet enjoyment. The court sent the case back to the lower court for further proceedings.
Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.
A claim for violating a law protecting tenants or home owners, such as the covenant of quiet enjoyment, the warranty of habitability, constructive eviction, or trespass. For example, a tenant could sue a neighbor or the property owner when exposed to drifting secondhand smoke in their home.
A tenant in a two-unit rental home complained of secondhand smoke drifting from the downstairs unit, which was occupied by the building’s owner. After moving out, the tenant sued the owner to end the lease and to recover his security deposit, claiming that the owner’s smoking violated the covenant of quiet enjoyment. A trial court found in favor of the owner and dismissed the tenant’s claim. The court of appeal disagreed and ruled that reasonable minds could differ about whether the drifting smoke violated the covenant of quiet enjoyment. The court sent the case back to the lower court for further proceedings.