Covenant of Quiet Enjoyment

What is a covenant of quiet enjoyment?

A covenant of quiet enjoyment is an agreement between a tenant and a landlord that guarantees a tenant’s right to quiet enjoyment. In general, this agreement is implied by any form of rental agreement.

What is quiet enjoyment?

Quiet enjoyment includes several rights for a tenant:

• Privacy
• Peace and quiet - this includes being free from unreasonable and recurring disturbances from neighbors or the landlord
• Right of use - apart from the landlord’s reasonable right to access, this guarantees the tenant to have the exclusive right of using the rented real estate
• Safety and security - the right to a dwelling that is secure and free from bodily hazards
• Basic Utilities - access to electricity, heat and hot water
  

In general, quiet enjoyment guarantees a tenant’s right to live in the accommodation they have rented without what is considered a legitimate nuisance.

What is a legitimate nuisance?

Generally speaking, a legitimate nuisance is relative to the tenant’s ability to access and enjoy the housing. “Quiet” - in this case - does not mean “silence”. Rather, it is a subjective term. While there may be general legal guidelines like decibel limitations, it is usually decided on a case by case basis.

Violations of the covenant of quiet enjoyment

If a landlord creates a legitimate nuisance or does nothing to remedy the situation, they can be in violation of the covenant of quiet enjoyment. Some of the more common violations are:

• Entering the premise too frequently or without proper notice.
• Looking through the tenant’s personal property.
• Failing to respond to complaints about disturbances made by the tenant.
• Harassing a tenant.
• Restricting or terminating essential services like water or electricity.
• Fails to provide repairs within a reasonable period of time.
• Prohibits the tenant from entertaining guests or otherwise reasonably enjoying the housing.
  

Examples of violations:

• Parties next door that happen too frequently or last too long.
• Second hand smoke entering the unit from a neighbor smoking inside.
• Other cars parked in a tenant’s parking spot.
• A landlord threatens or harasses the tenant.
• Failing to keep the wildlife on the premises under control.
• Neighbor’s pets constantly being overly noisy.
• An unattended smoke alarm, when a neighbor goes on vacation for a week.
• Unattended repairs like water damage etc.