Reference no: EM131885269

Constructive eviction is a legal doctrine by which a landlord who substantially interferes with a tenant's use and enjoyment of the premises will be considered to have evicted the tenant. Such a landlord cannot collect rent from the tenant. In this connection, Isabel signed a lease for an apartment owned by Carolyn. A clause in the lease stated that all tenants must keep noise to a minimum during evening hours. After moving in, Isabel found that another tenant played his stereo all night long at ear-splitting levels. Carolyn declined to enforce the noise clause in the lease. After one week without sleep, Isabel moved out, and Carolyn now sues Isabel for rent. There are two controlling cases in this jurisdiction:

Garvin v. Linder: Linder rented an apartment from Garvin, and the lease stated that Garvin would provide heat during the winter. When winter arrived, Garvin provided heat for only one hour per day, and the inside temperature sometimes dropped to 50 degrees Fahrenheit. Linder moved out, and Garvin sued Linder for rent. The court ruled in favor of Linder.

Quincy v. Fulton: Fulton rented a tenth-floor apartment from Quincey. Shortly thereafter, Quincy decided to have repairs made on the elevator, causing it to be shut down for a month. Since Fulton had arthritis, he had great difficulty climbing the ten flights of stairs. Fulton moved out, and Quincy sued Fulton for rent. The court ruled in favor of Quincey.

In the space below, construct one analogical argument, either in favor of Isabel or in favor of Carolyn. Make sure that your argument is thorough, and that you deal with both controlling cases, making use of the analogies and disanalogies with the current case that support your position.