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Question: Colonial Court Apartments rented an apartment to Irene Kern. When she rented the apartment, she told her landlord that she required peace and quiet and was assured that this would be the case. Almost from the minute she moved in, however, Kern was subjected to noise from a neighbor's apartment, including parties twice a week, use of a dishwasher at late hours, and insulting and abusive language directed at her. After she lodged complaints, the landlord terminated the lease of the neighbors, but he did nothing about evicting them for more than three months. Unable to sleep and endure the noise, Kern moved out, claiming a constructive eviction. Was she correct? (Colonial Apartments, Inc. v. Kern, 163 N.W.2d 770)
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