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Smitty Leased an Apartment from Batten That Was Located Immediately

Question 44

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Smitty leased an apartment from Batten that was located immediately above Batten's shop. Smitty moved into possession on a monthly tenancy. The noise created by Batten in his shop disturbed Smitty, although it would not disturb most people. If the noise was such that it rendered living in the apartment impossible, Smitty would be entitled to have the lease terminated.

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