LANGUAGE

Dworkin v. Paley

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.