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 ?
While the American Lung Association maintains that secondhand smoke that seeps in from a neighboring unit can pose both a health threat to sensitive individuals and a significant nuisance, one's apartment remains one's private domain, even though legal positions such as nuisance, battery, breach of quiet enjoyment, warranty of habitability, negligence, harassment and intentional infliction of emotional distress have been the grist for courtroom drama.
A tenant must convince a judge that its quiet enjoyment of the space was compromised.
He would be giving up some rights, especially the right to quiet enjoyment.
The mineral estate owner is now generally left by the courts in the untenable position that there is no justifiable reason for the mineral owner to deny the surface owner the total quiet enjoyment of his estate.
The Property is offered "As-Is," with no warranties or guarantees, expressed or implied, as to title, quiet enjoyment, repair, kind, character or its fitness for any use or purpose or its ability to be developed for any use or purpose.
It is also vital that in the short period that you are renting the property you have peaceful and quiet enjoyment of the house without interruption or defects.
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.
The schoolrooms of five town centre churches were commandeered and used for soldiers' quiet enjoyment and recreation.
Blank looks from the management and staff at the mention of most things football, however, should mean quiet enjoyment of the eighteen beers on hand-pull and dozen or so on keg without persistent slow motion replays.
As homeowners, we have a basic right to quiet enjoyment of our homes.
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.