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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Hoffman v. Davenport-Metcalf, 851 A.2d 1083 (2004)

Citation
Hoffman v. Davenport-Metcalf, 851 A.2d 1083 (2004)
Parent Document
Hoffman v. Davenport-Metcalf, 851 A.2d 1083 (2004)
Jurisdiction
Rhode Island (state)
Effective Date
2004-06-21

Other Sections in This Document (104)

Full Text

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The record indicates that the dispute between the parties emanated from plaintiffs’ persistent quest to secure the peaceful and quiet enjoyment of their apartment, and quickly escalated into disharmonious litigation. The plaintiffs were tenants in the Berkeley Manor, or Newport Green, apartment complex in Newport. They wrote to Ms. Davenports Metcalf, the Berkeley Manor property manager and fellow resident of the apartment building, complaining about the conduct of the new tenants in the unit above them. They were particularly upset about the volume of a stereo played by a teenage boy, and suggested that “structural anomalies” in the flooring may be exacerbating the problem. Ms. Davenport-Metcalf responded that “there is nothing I can do about the noise from upstairs,” but offered to release them from their lease upon thirty days’ written notice.