Which of the Following Was the Result in Janet I

question 51

Multiple Choice

Which of the following was the result in Janet I.Benitez v.Sebastiano Restifo,the case in the text in which the plaintiff alleged that the landlord breached the covenant of quiet enjoyment based upon an upstairs tenant intentionally and repeatedly causing significant water leakage into the plaintiff's apartment?

• A) The court ruled that as a matter of law the landlord had no duty to control any actions of the other tenant and that the right to take action against the other tenant belonged to the plaintiff.
• B) The court ruled that the terms of the lease controlled and that because the lease gave the plaintiff the affirmative right to take court action in such cases, the landlord had no duty to do so.
• C) The court ruled that by failing to act to protect the plaintiff, the landlord was liable to the plaintiff for breach of the covenant of quiet enjoyment.
• D) The court ruled that only because the lease itself placed a duty of quiet enjoyment on the landlord, the landlord had a duty to control the actions of the upstairs tenant.
• E) The court ruled that since the actions of the tenant did not constitute a physical danger to the plaintiff, the landlord had no duty to control the actions of the tenant.

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