The covenant of quiet enjoyment ensures the lessee the right to exercise use of the property without interference from the landlord. The landlord can interfere with the tenant’s use of the property in instances of eviction or other reprehensible acts, such as damage or failure to make rental payments.
This means the guarantee by the seller that the purchase of real property has the right to quiet enjoyment and that the purchase means no future lien holders or interest holders will claim ownership, thereby affecting the buyers right to quiet enjoyment.
Quiet Enjoyment was a clause primarily designed to counter and deter any disturbances particularly when it relates to noise, safety hazards, and privacy. disturbances revolving around the tenant.
The covenant further states that the unit in which the tenant resides in, must meet livability housing standards. This is referred to as a “Warranty of Habitability.”
Tenant’s Rights
Through every leasing agreement a tenant has several basic rights. They include the following:
Tranquility
Privacy
Right to Access
Security
Access to Common Utilities
Violations
Landlord enters premises/unit without legal/reasonable cause.
Safety concerns neglected and ignored.
Landlord wrongfully attempts to edict, threaten, harass tenant.
Example of the Clause
If another tenant living in the same building as you is constantly disturbing the peace, whether it be stomping on the grounds of the floor above your unit ceiling, playing loud music, or any form of vandalism, the landlord may be held liable and responsible for failure to correct such a nuisance. If the disturbance, however, is coming from another nearby neighboring building, the landlord is therefore not held responsible.
Quiet Enjoyment & the Law
In some cities such as Oakland and San Francisco, California, violations of Quiet Enjoyment can lead to severe legal penalties against landlords, which can range anywhere from having to repay a lump sum, if not the full amount of paid rent throughout the time such violations were occurring, yet no action taken on the part of the landlord. Emotional and mental distress damages may also be a legitimate claim by a tenant vs a landlord in such instances.
Consult with an Attorney
Whether the tenant feels their rights may have been violated in respect to quiet enjoyment, such matters may require concrete supporting evidence when trying to prosecute the landlord and/or any other potential third party. An attorney whose services revolve around property law, can be quite beneficial when pursuing legal proceedings. A lawyer can fill in all unanswered questions and further explain as well as defend your rights against the defendant in a court of law, due to their broader knowledge of property related issues.
What should Landlords do?
Due to the fact, the Quiet Enjoyment clause in a leasing contract tends to favor and give the benefit of doubt to a tenant, landlords should and must abide by all legal complaints through the tenant in. timely manner. Landlords are also recommended to hire and appoint a well trusted property manager, in cases where they may not be able to assist in a responsible fashion.
