I cannot find any authority for whether a landlord is responsible for ensuring that a parcel serviced by a water well always has water (i.e., is responsible for drilling a new well if the water table drops too low.). This is a commercial lease that doesn’t mention a well.
I have searched all California cases as well as all state and federal cases, secondary sources including Matthew Bender Cal. Forms of Pleading & Practice, MB Cal. Transaction Guide, and other treatises, and law review articles. My best guess is that because the covenant of quiet enjoyment does not apply to the actions of people who the Landlord’s other tenants, the actions of the Tenant’s neighbors in pumping ground water and lowering the local water table do not constitute a constructive eviction by the Landlord. Does anybody know the answer or have any suggestions on where else I can look?
Edit: I meant to say, Quiet Enjoyment does not apply to actions by people who AREN’T the landlord’s other tenants.
Also, this is a commercial lease and the premises is not hooked up to any municipal water supply. It is a private well.