Samuel Sengul, and Cross-Appellee v. Cms Franklin, Inc. and Robert Manus, and

Summary

The court held that the landlord's unauthorized lockout and related conduct substantially interfered with the tenant's possession and constituted constructive eviction. It also held that the tenant did not waive a mandatory contractual rent-abatement right because the tenant's statements were ambiguous and the landlord was not prejudiced by the delayed assertion of abatement. The court affirmed the constructive-eviction ruling, reversed the waiver ruling, and remanded for recalculation of damages using the lease's monthly rental amount. CHRISTEN, Justice, dissenting, would have upheld the superior court's finding that the tenant waived abatement.