ALI-ABA Course of Study Modern Real Estate Transactions July 25 ...

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3. Specific performance.
a. Landlord’s breach of contract to lease. See Ryan v. Stanger Inv.
Co., 620 S.W.2d 505 (Tenn. Ct. App. 1981) (contract to lease is
specifically enforceable); Wetherbee, Ltd. v. Allred, 969 S.W.2d
756 (Mo. Ct. App. 1998).
b. Landlord’s breach of a covenant to repair. See F.G. Madera,
Annotation, Rights and Remedies of Tenant Upon Landlord’s
Breach of Covenant to Repair, 28 A.L.R. 2d 446, 473 (1953 &
Supp. 2003); Lucas v. Evans, 453 So. 2d 141 (Fla. Dist. Ct. App.
1984) (Tenant was entitled to specific performance of Landlord’s
repair covenant); but see also Borochoff Props., Inc. v. Creative
Printing Enters., Inc., 233 Ga. 279, 210 S.E.2d 809 (1974) (right to
make repairs and recover costs and right to recover damages were
adequate remedies at law); Continental & Vogue Health Studios,
Inc. v. Abra Corporation, 369 Mich. 561, 120 N.W.2d 835 (1963)
(no specific performance where remedy at law is adequate).
c. Landlord’s breach of a restrictive covenant. See N.H. Donuts, Inc.
v. Skiptaris, 129 N.H. 774, 533 A.2d 351 (1987) (Landlord ordered
to remove a building that blocked premises from view of highway,
in violation of covenant).
4. Injunctive relief.
a. Continuous or repeated acts creating a nuisance. See 49 AM. JUR.
2d Landlord and Tenant § 544 (1995 & Supp. 2002) (injunction
available under some circumstances).
b. Other types of breaches of the covenant of quiet enjoyment. See
Med Mac Realty Co., Inc. v. Lemer, 154 A.D.2d 656, 547 N.Y.S.2d
65 (1989) (Landlord was enjoined from interfering with Tenant’s
alterations and sublease, which were permitted under lease); Am.
Warehousing Servs., Inc. v. Weitzman, 169 Ill. App. 3d 708, 523
N.E.2d 1082 (1988) (temporary restraining order was proper to
prevent Landlord from using self-help remedy to block Tenant’s
customers’ access to premises during rent dispute); S.E. Nichols,
Inc. v. Am. Shopping Ctrs., Inc., 115 A.D.2d 856, 495 N.Y.S.2d
810 (1985) (injunctive relief is available to prevent enforcement of
Landlord’s remedies until rights of parties can be settled, but only
if requested before expiration of cure period for Tenant’s alleged
default); Long Island Gynecological Serv. v. 1103 Stewart Ave.
Assocs. Ltd. P’ship, 224 A.D.2d 591, 638 N.Y.S.2d 959 (1996)
(Tenant able to obtain Yellowstone injunction even though sought
after end of cure period because Tenant demonstrated that if could
not cure the default within the prescribed thirty-day period);
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