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(Solved): Statement 1 The purpose of lease covenant is an assurance that the landlord has good title to th ...



Statement 1 – The purpose of lease covenant is an assurance that the landlord has good title to the property at the time he/she gives the lease. Statement 2 – It is a covenant that, subsequent to the making of the lease, the landlord will not himself/herself interfere or permit anyone obtaining an interest in land from his/her to interfere with the tenant’s quiet enjoyment of the premises. Case: Mendoza leases a suite of offices to Adam and Collum, a firm of practising accountants. Subsequently, he leases the are on the floor directly above to a machine shop. The machine shop operations create noise and heavy vibration, making it impossible for the accountants to perform and carry on their practice. From the choices below, please choose the right answer. a. Statements 1 is false, and statement 2 is true. Mendoza is in breach of his covenant. b. Statements 1 & 2 are false. Substantial noise or vibration that interferes with the comfort or convenience of a lessee is not a breach of the covenant of quiet enjoyment. c. Statements 1 & 2 are true. The landlord, Mendoza, did not breach the covenant of quiet enjoyment because the firm has the option of leaving the premises. d. Statements 1 & 2 are true. Substantial noise or vibration that interferes with the comfort or convenience of a lessee will be a breached of the covenant of quiet enjoyment.



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