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MMLU / A professor owned a building in a city. The building had a commercial space on…

Problem

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question

A professor owned a building in a city. The building had a commercial space on the first floor, with two apartments above it; one on the second, and another on the third floor. Several years ago, a teacher, in a signed writing, entered a three-year lease agreement with the professor. The teacher agreed to pay $800 monthly rent for the third-floor apartment in the professor's building. The original three-year term had long since expired, but the teacher has continued to pay his rent, and the professor continued to accept it. The professor rented the first floor to a restaurateur, who opened a sushi restaurant there. Within months, there was a citywide hookworm epidemic that was traced to the consumption of raw fish. The city council, in an attempt to protect the public from the parasites, passed an ordinance prohibiting all sushi restaurants from operating in the city. The restaurateur was forced out of business. She locked the doors and left a sign in the window: "Closed until further notice. "Within weeks, rats were attracted to the odor from the fish that was left in the restaurant, and the building became infested with them. The teacher could not tolerate the rats and served notice on the professor that he was moving to another city and has not been heard from since. The teacher's best defense is that the professor, by permitting the restaurateur to store the fish in the closed restaurant, caused a

choices

  1. partial constructive eviction.
  2. partial actual eviction.
  3. constructive eviction.
  4. breach of implied covenant of habitability.

subject

professional_law

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