The landlord in this case, (P), owned a residential apartment building and commercial premises nearby, which were being used as a cocktail lounge. There was loud music regularly emanating from the lounge, which penetrated the walls of the residential building and interfered with the tenants' (D) conversations and sleep. D complained to P about the noise, and P made unsuccessful attempts to correct the problem. D vacated the apartments. P sued for rent owing under the leases, and D asserted a defense of constructive eviction. The lower court found for D, finding that D's implied warranty of quiet enjoyment was violated by the disturbances coming from the lounge; that, although P did not intend to create the condition, they had it within their control to correct the condition; and that D vacated the apartments within a reasonable time.

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