Reste Realty Corp. v. Cooper

Cooper leased basement office space from Reste Realty for use as offices for a nonprofit organization. During heavy rains, water flooded the leased premises due to a defective condition in the driveway and foundation of the building. The flooding made the premises unusable and repeatedly damaged the tenant's property. The landlord's president acknowledged the problem and attempted repairs, but the flooding persisted. After several years of intermittent flooding, Cooper vacated the premises and refused to pay further rent.

Justice Francis reasoned that the old rule requiring the landlord's affirmative act to constitute constructive eviction was outdated. The court held that a landlord's failure to act — particularly failure to remedy conditions originating from areas under the landlord's control — can breach the covenant of quiet enjoyment just as effectively as an affirmative interference. The court emphasized that when the landlord retains control of common areas and structural elements, the landlord assumes responsibility for conditions arising from those areas. The court also held that a tenant need not vacate immediately upon the occurrence of the condition but has a reasonable time to vacate after it becomes clear the condition will not be remedied.

Reste Realty broadened the doctrine of constructive eviction beyond its traditional boundaries, making it a more effective remedy for commercial tenants dealing with chronic building defects. The case contributed to the modern trend of imposing greater obligations on landlords to maintain leased premises. It is often studied alongside Javins as part of the broader modernization of landlord-tenant law.