Covenant of Quiet Enjoyment

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.

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.

Connect contract data to your existing tech stack

Integrations illustration that everything is Contractbook
Contract management using Salesforce
Contract management using Hubspot
Contract management using Google Calendar
Contract management using Pipedrive
Contract management using Zendesk
Contract management using Airtable
Contract management using Gmail
Contract management using Google Drive
Contract management using Asana
Contract management using Shopify
Contract management using Intercom
Contract management using Slack
Contract management using Stripe
Contract management using Quickbooks
Contract management using Outlook