Quiet enjoyment is a legal term used in real estate law that ensures a tenant or a homeowner has the right to peacefully and uninterruptedly possess and enjoy their property. It is the cornerstone of any lease agreement or property deed and is intended to prevent landlords or other property owners from interfering with the tenant or homeowner’s enjoyment and use of the space.
When the tenant or homeowner signs a lease agreement or pays for the deed to the property, they are agreeing to the landlord’s or owner’s rules and regulations, and in turn, they should expect their rights to be respected and their enjoyment of the property to remain uninterrupted. In the agreement, the tenant or homeowner is usually given the right to quiet enjoyment, and if the landlord or owner interferes with or disrupts the tenant’s or owner’s rights of quiet enjoyment, the tenant or homeowner may take legal action.
Common examples of interference with a tenant or homeowner’s quiet enjoyment of a property include making excessive noise that disturbs a tenant’s sleep or study, entering the tenant’s premises without permission, failing to make necessary repairs, or refusing to take action to alleviate a dangerous condition on the premises that affects the safety of tenants.
In some cases, a tenant or homebuyer might be able to sue the landlord or owner and even break their lease agreement, if the interference with their quiet enjoyment is not resolved. If a tenant or homeowner is dealing with a landlord or owner who is not respecting their quiet enjoyment, it is important to first discuss the issue with the landlord or owner and then consult with an attorney or legal professional to see what legal remedies may be available.