The covenant of quiet enjoyment is a legal promise that is included in a lease or rental agreement. It guarantees the tenant that they will not be disturbed or interfered with in the use and enjoyment of the rental property. As the tenant has entered into a contract, landlord must provide assurance that they can legally occupy and use the premises as outlined in the agreement.
What Rights Does It Cover?
Under the covenant of quiet enjoyment, landlords must provide tenants with the right to peacefully occupy and use the premises under the terms of the written agreement. Landlords cannot disrupt the tenant by making noise, initiating eviction proceedings, or by providing inadequate services related to the rental. Additionally, landlords cannot unreasonably deny tenants access to the property. If a tenant’s rights under the covenant of quiet enjoyment are being violated, legal action can be taken against the landlord.
Examples of Covenant of Quiet Enjoyment Violations
Examples of violations of the covenant of quiet enjoyment include eviction attempts or threats, denying access to the rental, changing locks without the tenant’s knowledge, or permitting someone else to occupy the premises without the tenant’s permission. The landlord may also unfairly interfere with the tenant’s ability to use and/or enjoy the property by failing to maintain it or make repairs in a timely fashion.
Conclusion
The covenant of quiet enjoyment is an important protection for tenants in a rental agreement. It gives a tenant assurance that their ability to use and enjoy the premises will not be impeded by the landlord’s conduct during the course of the lease. If the landlord fails to provide such assurance, this may constitute a breach of the covenant of quiet enjoyment and the tenant may have grounds to take legal action against the landlord.