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 ?
Avoid commercial lease promises of quiet enjoyment or suitability of the premises for a tenant's specific use unless the tenant negotiates it.
When roof problems occurred, the tenant sued the manager for breach of the repair clause and breach of the covenant of quiet enjoyment. The court held that the landlord was not liable because the manager had not been negligent in selecting the contractor.
On the other hand, there are a number of cases in which tenants sued for breaches of "quiet enjoyment" and were successful.
``The simple fact is that this right can only be exercised by denying all other users their right to the quiet enjoyment of this beautiful
Eskin, the owner terminated a rent-stabilized tenant's tenancy based upon the tenant having disturbed the peace, tranquility and quiet enjoyment of other residents in the building.
Interfere with the quiet enjoyment of residential property by any person in Cardiff or encourage any other person to do so;
'Our two new centres will not only hopefully boost all year round tourism but will also give local communities a new focus for healthy outdoor activity, sports and quiet enjoyment.'
The simple fact is that this right can only be exercised by denying all other users their right to the quiet enjoyment of this beautiful and historic spot within the Snowdonia National Park,an area designated for the purpo.
The court noted that the daughter had a lengthy criminal record and had engaged in behavior which the court characterized as "nothing short of shameful" which had "substantially jeopardized the quiet enjoyment of peace of (the tenant's) neighbors".
He must not: make any abusive or offensive gestures to any person; throw any object or substance at a person or property; commit any act of unlawful violence against a person or property; use abusive or threatening language to any person; loiter in public places, or commit any act to interfere with the quiet enjoyment of residents living in the area.
"There is an issue for a lot of people about noise and intrusion and that green road driving conflicts with quiet enjoyment and the special qualities of the national park."
The CNP is the national charity that works to protect and enhance the National Parks of England and Wales and areas that merit national park status, and promote understanding and quiet enjoyment of them for the benefit of all.