The Chens leased an apartment suite from Broughton Road Apartments for a one-year term, commencing..

The Chens leased an apartment suite from Broughton Road
Apartments for a one-year term, commencing July 1. The Chens were particularly
attracted by the location of the apartment building, since it was a long, low
building of Tudor design, surrounded by rather spacious grounds. The grounds
were important to them because they required a place where their two-year-old
child might have a safe place to play. A few weeks after the tenants moved into
their apartment, the owner of the building decided to remove the roof of the
building and replace it with new roofing boards and shingles. The noise
»

The Chens leased an apartment suite from Broughton Road
Apartments for a one-year term, commencing July 1. The Chens were particularly
attracted by the location of the apartment building, since it was a long, low
building of Tudor design, surrounded by rather spacious grounds. The grounds
were important to them because they required a place where their two-year-old
child might have a safe place to play. A few weeks after the tenants moved into
their apartment, the owner of the building decided to remove the roof of the
building and replace it with new roofing boards and shingles. The noise of the
construction work, which was carried on from approximately 8:00 a.m. to 4:00
p.m., interfered with the normal sleeping hours of Mr. Chen, who worked a
second shift as a night security guard at a nearby industrial plant. It also
interfered with their child’s customary afternoon nap. In addition to the noise
of the construction, the Chens discovered that another tenant in the building
owned a large pet snake, which was permitted to roam at will over the lawns of
the property. The Chens protested to the landlord that the noise of the roof
repairs interfered with Mr. Chen’s sleep, and the presence of the snake made
the use of the grounds impossible, since they both feared the reptile, even
though it was of a harmless species. When the landlord refused to limit the
construction and failed to control the snake, the Chens moved from the
apartment. They had been in possession for less than two weeks. The landlord
then brought an action to recover apartment rent and other expenses that were
alleged to be owing as a result of the breach of the lease by the tenants.
Discuss the arguments that the defendants might raise in this action and
determine the issues that the court must deal with before a judgment might be
given. Render a decision

»

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