Lucie entered into a written four-year lease with Trina for…
Lucie entered into a written four-year lease with Trina for an apartment in Lucie’s apartment house. Trina’s lease, and all leases in the apartment house, prohibited the playing of musical instruments between 10 p.m. and 8 a.m. The lease required Trina to pay the rent on a monthly basis. Two years into the lease, Trina assigned the lease to Nancy with Lucie’s permission. Nancy then assigned the lease to her brother, Bruce, with Lucie’s permission. Bruce went into possession. A neighboring tenant in the same apartment house insisted upon playing a trumpet in a loud manner between 2 a.m. and 4 a.m. Bruce complained to Lucie without success. Unable to sleep each night, Bruce abandoned his apartment after occupying it for two months. If Lucie sues Nancy for the rent due during the period after Bruce left, what would be Nancy’s best defense?