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Case Notes
When Tenants Clash
The Court of Appeals of Nevada recently affirmed in part and reversed in part a lower court's holding, reinstating a tenant's claim for breach of the covenant of quiet enjoyment stemming from the behavior of the claimant's co-tenants. Pickett v. McCarran Mansion, LLC, 2017 Nev. App. Unpub. LEXIS 525 (Court of Appeals of Nevada 8/8/17). Although the unpublished opinion is not to be cited as authority, the concurrence by Judge Jerome T. Tao is of interest, as he discusses the case's possibly erroneous assumption that a landlord can legitimately be held responsible for the non-tortious actions of its tenants toward one another.
The facts in Pickett, only minimally set forth by the court's opinion in this case, showcase the results of a largely unexplained quarrel among the tenants of a single commercial property. The tenants, including plaintiff Pickett, shared a reception area and a receptionist, who was provided by the landlord in accordance with the lease. According to psychologist Pickett's complaint, two co-tenants rained “verbal abuse complete with heckling, screaming and profanity” upon her, and berated her in the shared lobby space in front of her clients. Pickett also asserted that her co-tenants and/or the receptionist refused to direct her clients to the bathrooms when asked, posted a sign in the lobby telling her clients that their questions would not be answered, and ignored her clients in every way.
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