What is the "implied covenant of quiet enjoyment"?

The "implied covenant of quiet enjoyment" is a real estate term that may not be clearly covered in the leasing agreement. But tenants are afforded this right regardless of whether it is on the lease or not.

Sometimes called the implied warranty, the implied covenant of quiet enjoyment protects tenants from disturbances in their homes. It safeguards their right to rent a home and enjoy peaceful habitation within it. It is essential for landlords to be aware of this covenant and fully understand it.

McKenna & Vane have put together this article in the hope that all landlords understand their rights and responsibilities as per the “implied covenant of quiet enjoyment”, and how to avoid a breach.

Defining an “Implied Covenant”

An implied covenant of quiet enjoyment may not be expressly outlined in a leasing contract. But just because it’s not mentioned in the rental agreement, it doesn’t mean it’s not enforceable by federal or local laws. Additionally, in order to protect tenants, a property owner or manager cannot ask their tenants to waive this legal right when signing a lease.

Defining “Quiet Enjoyment”

Tenants are entitled many rights when signing a lease or rental agreement. Some of which are:

• The right to rent a residential dwelling that’s habitable and offers them safety
• The right to enjoy peace and quiet

Defining “quiet enjoyment” absolutely can be a challenge. For one thing, every breach of the covenant of quiet enjoyment is different. Additionally, what a person considers to be a breach of quiet enjoyment is subjective, so another person may not share those same views, which may create complaints and further legal trouble in small claims court.

So, to clarify, a tenant's right to quiet enjoyment covenant obliges landlords to prevent any unreasonable disruptions to their tenants’ peace while they stay in the rental home. When a tenant signs up for a lease agreement, they’re given the right to:

Enjoy Reasonable Peace and Quiet

Your tenant has the right to quiet enjoyment in their property by law. Every rental property owner should be mindful and take actionable steps to prevent disturbances in their rental home and deliver privacy to their tenant. They should respond to disturbances and work to resolve noise complaints to ensure they do not breach the implied covenant of quiet enjoyment and don't face any legal action.

Exclusive Use of the Rental

Landlords can only gain entry provided that they’re carrying out their duties such as attending to maintenance and repair.

Experience Safety and Security in the Unit

Landlords must install security measures prior to welcoming tenants into their rental place.

Live in a Habitable Rental

To be compliant with the law, the rental premises must be equipped to provide basic utilities such as electricity, water, and heat.

When Can a Landlord Gain Entry to the Rental

Different states generally have different guidelines on when landlords can freely access the leased premises without causing a breach of a tenant's quiet enjoyment. In general, these situations are acceptable:

• When the tenancy ends, and an inspection must be carried out
• When they need to perform property upgrades and improvements; dealing with maintenance
• When they have to set up essential services that a tenant requested
• When they need to issue an eviction notice. A law enforcement officer must also be present to accompany the landlord
• When the tenant has abandoned the property and has not left any notice of return with them
• When the landlord is in possession of a court order for them to enter the rental
• When there’s a scheduled property showing for prospective tenants, lenders, and buyers. Since the present tenant is moving out, the landlord needs to market the rental to potential tenants.

Keep in mind that many of these circumstances will require providing your tenant with proper notice in writing for your entry.

Specific times are also stipulated in the law for some states on when landlords are permitted to enter the rental unit. For example, the period between 9 AM and 6 PM is generally acceptable. If the tenants and landlord had arranged another time beyond that then it’s also good as long as it’s agreed upon.

When an emergency occurs, landlords are permitted entry anytime. Fire, flooding and gas leaks are among the situations deemed as an emergency, for example.

Common Violations to the Covenant of Quiet Enjoyment

A legal breach to a renter's right to quiet enjoyment typically requires more than just minor inconveniences. The following are common covenant of quiet enjoyment violations landlords should be aware of that can end up needing to be settled in small claims court:

• Substantial interference with the unit, going inside the premises frequently or without issuing the right notice
• Snooping around the rental property occupied by the tenant
• Tenant harassment by the landlord, whether done face to face or through calls
• Inability to control excessive noise, nuisance and disruptive behaviors
• Refusal by the landlord to resolve noise complaints within their control
• Cutting off or placing restrictions on basic services such as hot water and electricity
• Failure to deliver on services and specified items contained in the leasing agreement
• Restricting the tenant from entertaining guests on the property or common areas
• Failure to schedule repairs on the property that would compromise the tenant’s safety and affect the property’s habitability. This could lead to the tenant claiming constructive eviction. Constructive eviction occurs when tenants are forced to break their lease early when the landlord fails to maintain the property, or when the landlord refuses tenant rights.

Reasonable Disturbances to a Tenant’s Quiet Enjoyment

There are a few circumstances that do not count as a breach of the covenant of quiet enjoyment. For example:

• Noise complaints that are completely out of the landlord's control, like that from wildlife, and not from other tenants
• The footsteps from other tenants or neighbors living above them
• Performing landlord duties such as repair and maintenance work
• Calling up the tenant or knocking on their door to claim any unpaid expenses, such as when the tenant has neglected to pay rent

Tenant’s Obligation to Comply with Noise Ordinances

As a citizen, all tenants must adhere to state landlord tenant law, local regulations, real estate law, and noise ordinances, and they must observe and respect their neighbors’ right to quiet enjoyment and adhere to any complaints recieved. Legal action in small claims court can be taken in extreme cases of a breach of the covenant of quiet enjoyment.

Bottom Line

Being a landlord requires you to observe the implied covenant on quiet enjoyment as this is a given right granted to every renter by the law. If you need assistance in taking care of your rental home or any other aspect of property management, get in touch with McKenna & Vane.