quiet enjoyment


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Related to quiet enjoyment: Right to quiet enjoyment

Quiet Enjoyment

A Covenant that promises that the grantee or tenant of an estate in real property will be able to possess the premises in peace, without disturbance by hostile claimants.

Quiet enjoyment is a right to the undisturbed use and enjoyment of real property by a tenant or landowner. The right to quiet enjoyment is contained in covenants concerning real estate. Generally a covenant is an agreement between two parties to do or refrain from doing something.

Courts read a covenant of quiet enjoyment between the Landlord and Tenant into every rental agreement, or tenancy. Thus a renter, or tenant, has the right to quiet enjoyment of the leased premises regardless of whether the rental agreement contains such a covenant.

In the covenant of quiet enjoyment, the landlord promises that during the term of the tenancy no one will disturb the tenant in the tenant's use and enjoyment of the premises. Quiet enjoyment includes the right to exclude others from the premises, the right to peace and quiet, the right to clean premises, and the right to basic services such as heat and hot water and, for high-rise buildings, elevator service. In many respects the implied covenant of quiet enjoyment is similar to an Implied Warranty of habitability, which warrants that the landlord will keep the leased premises in good repair. For example, the failure to provide heat would be a breach of the implied covenant of quiet enjoyment because the lack of heat would interfere with the tenant's use of the premises and would also make the premises uninhabitable, especially in a cold climate.

Other rights related to quiet enjoyment may be tailored to specific situations. For example, at least one court has found that the ringing of smoke alarms for more than a day is an interference with a tenant's quiet enjoyment of leased premises (Manzaro v. McCann, 401 Mass. 880, 519 N.E.2d 1337 [1988]).

Tenants have at least two remedies for a landlord's breach of the covenant of quiet enjoyment: the tenant can cease to pay rent until the problem is solved, or the tenant can move out. A tenant who moves out may be liable for any rent owing under the agreement if a court decides that the landlord did not breach the covenant of quiet enjoyment.

A covenant of quiet enjoyment may be included in an exchange, or conveyance, of land ownership at the option of the parties to the deed. Quiet enjoyment has a slightly different scope in the context of land ownership than it has in the context of a tenancy. When a seller gives a deed to the land to another party, the seller no longer has control over the property. The covenant of quiet enjoyment, when contained in a deed to real estate, warrants that the title to the land is clear, meaning that it has no encumbrances, or claims against it by other persons.

A warranty deed includes a covenant of quiet enjoyment. By contrast, a quitclaim deed makes no warranties regarding the title and contains no covenant of quiet enjoyment.

Further readings

Kroll, David G. 1992. "The Landlord/Tenant Warranty of Habitability and the Covenant of Quiet Enjoyment." Colorado Lawyer 21 (June).

"Real Property." 1994. SMH Bar Review.

quiet enjoyment

n. the right to enjoy and use premises (particularly a residence) in peace and without interference. Quiet enjoyment is often a condition included in a lease. Thus, if the landlord interferes with quiet enjoyment, he/she may be sued for breach of contract. Disturbance of quiet enjoyment by another can be a "nuisance" for which a lawsuit may be brought to halt the interference or obtain damages for it. (See: nuisance)

quiet enjoyment

an obligation of a landlord under a lease or of a seller under a conveyance entitling the tenant or purchaser to possess and enjoy the land free from lawful interference and claims of others, except those claiming by title paramount.

QUIET ENJOYMENT. In leases there are frequently covenants by which the lessor agrees that the lessee shall peaceably enjoy the premises leased; this is called a covenant for quiet enjoyment. This covenant goes to the possession and not to the title. 3 John. 471; 5 John. 120; 2 Dev. R. 388; 3 Dev. R. 200. A covenant for quiet enjoyment does not extend as far as a covenant of warranty. 1 Aik. 233.
     2. The covenant for quiet enjoyment is broken only by an entry, or lawful expulsion from, or some actual disturbance in, the possession. 3 John. 471; 15 John. 483; 8 John. 198; 7 Wend. 281; 2 Hill, 105; 2 App. R. 251; 9 Metc. 63; 4 Whart. 86; 4 Cowen, 340. But the tortious entry of the covenantor, without title, is a breach of the covenant for quiet enjoyment. 7 John. 376.

References in periodicals archive ?
The tenant has certain rights within the lease, typically including such things as quiet enjoyment of their premises, and use of the common area and other amenities at the property.
Gaudet had asked in a counterclaim for $40,000 in damages for breach of landlord's covenant of quiet enjoyment, unjust enrichment of the landlord and detrimental balance resulting from the McCaffreys suffering financial, physical and emotional harm and violation of consumer protection laws.
The schoolrooms of five town centre churches were commandeered and used for soldiers' quiet enjoyment and recreation.
Neither do they represent the majority of the community who value people wwtht who have come to Belfast, who have made it their home, who contribute financially and in many other ways and who deserve the same respect, dignity and quiet enjoyment of their lives as anyone else.
We want to make sure the vast majority of law-abiding tenants are protected and have the opportunity to live in good conditions in the quiet enjoyment of their homes.
We will help them stand up against the bullies and those few individuals who are intent on making people's lives a misery and preventing them have quiet enjoyment of their home.
The significant noise disruptions are now over; with the completion of the concrete cutting and quiet enjoyment returns to the CYCA.
The aim of the park is to encourage local people who may in the past have turned their backs on the Tees to instead look upon it as a place of quiet enjoyment.
There are some hunting gun shots throughout the year but that otherwise quiet enjoyment changes drastically every fall when daybreak is announced by gun fire six days a week starting before it is even light out and often extending into the darkness of nightfall.
A new option four evolved, development continued and quiet enjoyment continues.
The reality-tv starlet has been making waves with her recent arrest for disturbing the quiet enjoyment of the beach and disorderly conduct.
Nature reserves are for quiet enjoyment only and anything else could possibly disturb or cause harm to the animals that live there," she said.