context: . Barton contends that other courts have held a constructive eviction occurs when a lessor wrongfully serves a notice to quit upon a tenant who thereafter vacates.
citation_a.signal: see
citation_a.parenthetical: holding that "[wjhen a wrongful demand or notice to quit or vacate leased premises is made by a lessor, or landlord, and is followed by immediate surrender of possession by the lessee, or tenant, a constructive eviction has been accomplished"
citation_a.sentence: See Dobbins v. Paul, 71 N.C.App. 113, 321 S.E.2d 537, 540 (1984) (holding that "[wjhen a wrongful demand or notice to quit or vacate leased premises is made by a lessor, or landlord, and is followed by immediate surrender of possession by the lessee, or tenant, a constructive eviction has been accomplished”); see also Ruotal Corp., N.W., Inc. v. Ottati, 391 So.2d 308, 309 (Fla.Dist.Ct.App.1980) (finding a jury could reasonably infer that lessee’s compliance with notice was coerced and that triable issue existed regarding whether lessor had rental and security deposit available to it to cover past due rents).
citation_b.signal: see also
citation_b.identifier: 391 So.2d 308, 309
citation_b.parenthetical: finding a jury could reasonably infer that lessee's compliance with notice was coerced and that triable issue existed regarding whether lessor had rental and security deposit available to it to cover past due rents
citation_b.sentence: See Dobbins v. Paul, 71 N.C.App. 113, 321 S.E.2d 537, 540 (1984) (holding that "[wjhen a wrongful demand or notice to quit or vacate leased premises is made by a lessor, or landlord, and is followed by immediate surrender of possession by the lessee, or tenant, a constructive eviction has been accomplished”); see also Ruotal Corp., N.W., Inc. v. Ottati, 391 So.2d 308, 309 (Fla.Dist.Ct.App.1980) (finding a jury could reasonably infer that lessee’s compliance with notice was coerced and that triable issue existed regarding whether lessor had rental and security deposit available to it to cover past due rents).