199 Mich. 497 | Mich. | 1917
Defendant became a tenant of plaintiff on the 1st day of September, 1914, in a four-family flat
“Nor shall any of the family or its visitors use foul, abusive, or offensive "language, or become a nuisance to other tenants or neighbors, but, on the contrary, shall at all times conduct themselves peaceably and in a ladylike or gentlemanly manner during the term of this lease.”
Defendant occupied the premises and paid the rent to March 1, 1915, when he removed therefrom. This suit was instituted to recover the rent for the balance of the year. Defendant claimed that he removed from the flat under circumstances amounting to an eviction; that the conduct and language of some of the other tenants in the flat were so intolerably offensive that he could not remain; that he called plaintiff’s attention to it, and she consented that he might move out if it did not abate within a stated time; that matters did not improve within the stated time, and in consequence thereof he removed from the flat.
Plaintiff denied the authority of her agent to release defendant, and the agent denied doing so. She also took the position that, if defendant were evicted, it was by reason of the act of third parties, for whose acts she was not responsible.
“Under a contract for quiet enjoyment the lessor does not covenant against the acts of wrongdoers; and to constitute a breach of this covenant the person who does the act must have some lawful interest or right in the realty whereby the tenant is evicted.”
In 18 Am. & Eng. Enc. Law (2d Ed.), page 220, the general rule is stated to be that:
“As a general rule a landlord is not liable to one tenant for the improper use of a part of the building by another tenant. If, however, the landlord authorizes one tenant to do upon the premises wrongful acts whose effect is to injure another tenant, which result is the natural and proximate consequence, of such acts, he is liable therefor.”
At page 625 it is said:
“The covenant for quiet enjoyment merely protects the lessee from disturbance of his possession by the lessor or persons claiming under him, or by the owner of the paramount title; the lessor incurs no liability for disturbance through the wrongful or tortious acts of third persons.”
The rule is stated in 24 Cyc. at page 1132:
“Trespasses or other acts of third persons impairing the usefulness or enjoyment of the premises demised do not amount to an eviction by the lessor, unless the acts from which the eviction is asserted to result were committed under the direction of, or at the instance or with the consent of, the lessor.”
Quoting again from Jones on Landlord & Tenant, § 360, it is said:
“From the doctrine that the landlord is not responsible for the acts of strangers, it would follow that an act done by one tenant in a tenement house without the authority, consent, or connivance of the landlord cannot be treated as an eviction by other tenants.”
Other errors are assigned; but, as they are not likely to arise upon a retrial, they will not be considered.
The judgment must be reversed, and a new trial granted, with costs to the plaintiff.