What Is the Implied Covenant of Quiet Enjoyment?

Learn about legal nuisances and the tenant's right to a peaceful home.

Question

What is the implied covenant of quiet enjoyment?

Answer

The “implied covenant of quiet enjoyment” is a legal doctrine, like the implied warranty of habitability that contributes to the landlord’s duty to offer and maintain fit rental premises. This covenant (or promise) means that you will not do anything to disturb your tenants’ rights to peacefully and reasonably use their rented space—and that you will act in a way that allows peaceful use. Some common violations of the covenant of quiet enjoyment include tolerating a nuisance, such as a major rodent infestation, or failing to fix a leaky roof which deprives tenants of the use of their rental space.

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