James D. Lynch
What is Quiet Enjoyment?
Every lease (both commercial and residential) contains an implied covenant of quiet enjoyment. It is “implied” because it exists even when it is not specifically mentioned in the lease.
Quiet enjoyment is a right of the tenant to enjoy and use the premises for any lawful purpose without substantial interference by either 1) the landlord, or 2) someone claiming superior title to the property. In spite of its name, excessive noise is not required for there to be a breach of quiet enjoyment. It is much broader than that. Some examples of breaches to a tenant’s right to quiet enjoyment may include: ● Noise ● Second-hand smoke ● Landlord’s refusal to make necessary repairs ● Landlord entering the premises too frequently, without permission, or without proper notice
In the sale of property, a general warranty deed will also have an implied covenant of quiet enjoyment. As with its leasehold counterpart, a deed’s covenant of quiet enjoyment guarantees a buyer’s use and enjoyment of the property will not be interfered with by someone claiming paramount title to the property.