What is "implied covenant of quiet enjoyment"?

What is an “implied covenant”? 

By itself, something that is implied means something that is already in existence, even if it’s not openly discussed or stated. It’s automatically given without conditions. It does not have to be exhaustively explained and discussed in the lease for it to be observed and practiced. An “implied covenant” is granted without bias or discrimination.

What is quiet enjoyment?

Individuals define quiet enjoyment in various ways. More often, it’s also understood as living in a rental space where the appliances are all functioning. It means that the toilet isn’t broken, and the heater works well in the cold season.

Aside from this, quiet enjoyment is understood as living in a place where there are negligible disturbances and noises. It also means that a tenant’s privacy is respected. Entry to the rental unit is only done upon reasonable notice and permission.



What is a breach of the covenant of quiet enjoyment?

Although different renters have differing latitudes when it comes to breaching their quiet enjoyment, situations exist that provide signs of a breach.



Here are instances where the covenant of quiet enjoyment is not fulfilled:

1. Not providing a tenant with basic utilities and amenities

If a renter has been paying his utility bills religiously, but the landlord has delayed the payments. This can result in a shutdown of supply from the power or water company. 

Inevitably, it becomes a ground for a breach in quiet enjoyment. It can be tough living in a place where one doesn’t have access to clean water or electricity. Restricting a tenant from accessing common areas and amenities also constitutes a breach.

2. Invading the privacy of a tenant

Finding out that a landlord has been entering the rental unit without notice to the renter is also a breach. Tenants can’t have quiet enjoyment if they’re always being intruded on. As a renter, one has the right to limit entry to particular people during a scheduled time and proper business hours.

3. Unnecessary restrictions

It is a breach of quiet enjoyment if a tenant is subjected to senseless restrictions. For example, not being permitted to entertain visitors. Having the freedom to organize a party from time to time is part of social enjoyment. 

As long as other tenants’ rights to quiet enjoyment are observed, this shouldn’t hamper a renter’s enjoyment of the rental space. If a tenant has not violated leasing conditions, then extreme restrictions are needless.

What is the landlord’s liability?

If a renter complains to a landlord about construction noise emanating from a neighbor’s area, is the landlord liable? No, as the source of the noise is outside of the landlord’s control. Thus, an accusation of violating a tenant’s quiet enjoyment will fall short. 

If the noise originated from a tenant’s loud parties in the same building, then the landlord is liable. If a complaint is made and no actions are taken to stop the disturbance, then a breach in quiet enjoyment has occurred. One needs to know the distinct difference between a petty annoyance and a severe disturbance.

Examples of petty annoyances:

• Occasional dog bark from a tenant’s pet in the same building
• Parties that end before 11 PM
• Repair noise that lasts a day or two

Examples of major disturbances:

• Regular, loud parties that last beyond midnight
• Construction noise, lasting for weeks or months
• Howling and nightly barking noise of a pet

What actions should a tenant take when the covenant of quiet enjoyment is breached?

Renters have various alternatives to address the issue of the breach of quiet enjoyment. Before filing a case in court, renters can:

1. Write a letter to the landlord explaining the disturbance in detail.

Making landlords aware of the situation allows them to see from the tenant’s perspective. Landlords have the power to directly resolve the problem, so this is a proactive move. This also provides solid evidence that a landlord has been given notice of the disturbing situation. 

For the landlord’s part, it’s helpful to respond to the letter sent by the renter. It’s good to have a space to outline how you’re dealing with the issue. This will reassure tenants that you’re working on resolving the problem.

2. Tenants can choose to withhold the rent payment.

This move indicates that the renter is serious about the complaint. It can also incentivize the landlord to hasten the resolution. However, this can also be risky if the state and local laws forbid non-payment of rent. 

Check the legal statutes first or consult with an attorney. You wouldn’t want to bear the negative consequences of an illegal action.

3. Tenants can resort to constructive eviction.

A tenant may find that there’s no other solution but to evict themselves. If repetitive complaints fall into the landlord’s hands, but problems aren't getting resolved, it can be frustrating. This may be a drastic move.

However, if a tenant’s health suffered because of the breach in the covenant of quiet enjoyment, moving is easier. The renters can face several consequences, though. They can be subjected to fines, risk not being refunded their security deposit and even be brought to court. 

Bottom Line

The implied covenant of quiet enjoyment is a right that must be respected by both the landlord and tenant. The former must create guidelines to ensure that a renter is living in a peaceful environment. The latter must also be aware that other tenants in the same rental property are entitled to the same right to quiet enjoyment.

If you have any inquiries regarding the content of this post or other areas of property management, contact Advantage Realty Services today.