Question: James owns a three-story building. He leases the ground floor to Juans Mexican restaurant. The lease is to run for a five-year period and contains

James owns a three-story building. He leases the ground floor to Juan’s Mexican restaurant. The lease is to run for a five-year period and contains an express covenant of quiet enjoyment. One year later, James leases the top two stories to the Upbeat Club, a discotheque. The club’s hours run from 5:00 P.M. to 11:00 P.M. The noise from the Upbeat Club is so loud that it is driving customers away from Juan’s restaurant. Juan has notified James of the interference and has called the police on a number of occasions. James refuses to talk to the owners of the Upbeat Club or to do anything to remedy the situation. Juan abandons the premises. James files suit for breach of the lease agreement and for the rental payments still due under the lease. Juan claims that he was constructively evicted and files a countersuit for damages. Discuss who will be held liable.

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