Comment: An Implied Contract of Quiet Enjoyment and Continuing Lessor Liabiltiy
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Authors
Wood, W. Eric
Issue Date
1979
Volume
12
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|As a part of the implied covenant of quiet enjoyment, the law has imposed upon lessors an obligation not to hinder or interfere with the lessee's use of the leased premises. It has generally been held that when a lessor conveys his reversionary interest in the premises, the subsequent acts of the purchaser which may constitute a breach of the lessor's obligation not to hinder or interfere with the lessee's use of the premises do not give rise to any liability on the part of the original lessor. In Sempek v. Minarik, the Nebraska Supreme Court established the rule that a lessor is liable for the purchaser's interference with the lessee's use of the leased premises after the reversion has been conveyed to the purchaser. The lessor's liability under the implied covenant of quiet enjoyment was held to be contractual in nature, and the court ruled that the lessor could not evade his contractual obligations by selling and conveying the property to a third person. This article will discuss the concepts involved in the various theories of enforcement of lease covenants and propose an analytical framework based upon a more sensitive use of terminology. Emphasis will be placed upon an examination of the covenant of quiet enjoyment and a final section will focus upon an analysis of the Sempek decision in light of available case law...
Description
Citation
12 Creighton L. Rev. 314 (1978-1979)
Publisher
Creighton University School of Law