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Keywords

trialleaseconstructive eviction

plaintiffdefendantindemnitytriallease

Related Cases

Holden v. Tidwell, 37 Okla. 553, 133 P. 54, 49 L.R.A.N.S. 369, Am.Ann.Cas. 1915C,394, 1913 OK 402

Facts

On October 9, 1909, L. A. Lewis leased the second and third floors of a building to P. W. Holden for two years. Holden later assigned his interest in the lease to A. J. Tidwell, who agreed to pay the rent directly to Lewis. After two months, Tidwell refused to pay rent, claiming he was constructively evicted when the owner of the adjoining lot filled in window openings in the party wall during construction of a new building.

On December 10, 1909, by written assignment the said defendant in error transferred his entire interest in and to said lease to the plaintiff in error. By the terms of the assignment the assignee covenanted and undertook the payment of the monthly rent to the owner of the premises during the full term of the lease.

Issue

Did the construction on the adjoining lot, which closed the windows in the party wall, constitute an eviction that would relieve the assignee of his obligation to pay rent?

Did the mere building upon the adjoining lot, by which the demised premises were rendered less valuable to the use of the assignee of the lease, affect the right of the assignor to his rent, and was it sufficient to authorize the tenant to refuse the payment of further rent on the ground that it constituted a breach of an implied covenant of quiet enjoyment?

Rule

An eviction must be caused by the landlord or someone deriving authority from him, and mere construction on an adjoining lot does not constitute an eviction if it does not involve the landlord's actions.

Though a lease of land implies a covenant of quiet enjoyment, yet that covenant is not designed as an indemnity against any and all disturbance of the lessee's enjoyment, but extends only to acts of the lessor or those deriving authority or title through him or from a paramount title.

Analysis

The court analyzed the situation and determined that the actions of the adjoining property owner did not amount to an eviction as defined by law. The implied covenant of quiet enjoyment only protects against disturbances caused by the lessor or those in privity with him, not by third parties. Since the construction was lawful and performed by the adjoining owner, Tidwell's claim of constructive eviction was unfounded.

The alleged eviction, however, consisted of the owner of the adjoining lot constructing a building thereon, in the course of which the windows in the wall separating the two buildings were filled in, and in consequence of which the tenant was deprived of his former enjoyment of light and air accustomed to pass through said windows.

Conclusion

The court affirmed the trial court's judgment, ruling that Tidwell was not entitled to withhold rent due to the actions of the adjoining property owner.

The judgment of the trial court should be affirmed.

Who won?

A. J. Tidwell prevailed in the case because the court found that there was no eviction caused by the landlord or anyone deriving authority from him.

The court held that the actions of the adjoining property owner did not amount to an eviction as defined by law.

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