When you rent an apartment from a landlord, there are several things that your landlord MUST provide to you, as the tenant. One of those things is the covenant of “Quiet Enjoyment”.
“Quiet Enjoyment” means that you have the right to enjoy unimpaired use of your property.
What does this mean? We will go over the definition of this provision of any lease so you know what you should be experiencing in your own apartment.
What Is The Implied Covenant of Quiet Enjoyment?
The Implied Covenant, or Warranty, of Quiet Enjoyment, protects anyone living in this space. They have the right to that space, the ability to come and go as they please to and from their place of residence without being harassed.
And while they are inside their residence, they should be able to enjoy it without being disturbed all the time, either by neighbors, by the landlord, by noise, or anything else that would be a nuisance.
This provision is usually mentioned alongside the “Warrant Of Habitability”, which says that the apartment, or wherever you are leasing from, must have a minimum standard of habitability.
This means that there are no health hazards, you can lock the doors, no exposed wires, etc.
Essentially, this warrant makes sure that the apartment at least has a minimum standard of living for the tenant. If the apartment does not meet these criteria, then the landlord MUST fix whatever the issue is.
With Quiet Enjoyment, you should be able to come and go from your apartment as you please. You shouldn’t be harassed by other tenants or by the landlord themselves, and you should feel safe going to and from your apartment on a regular basis.
Additionally, you should be able to enjoy your apartment free of nuisances. These would be things like neighbors being too loud, commotion or disturbance in the hallways or outside your apartment, or parties that go on at all times of the day and night.
When you rent an apartment, even though the lease never explicitly spells these things out, they still apply.
That is why they are called “Implied” contracts or warrants. These things are simply assumed as a given when renting as both obligations for the landlord and basic minimums for the tenant.
In summary, the tenant, just like the warrant of habitability provides a minimum standard the apartment has to meet, the “Covenant of Quiet Enjoyment” gives some basic rights to tenants regarding their rights to use and enjoy their apartment without interference from other people.
What Does A Landlord Need To Do To Provide Quiet Enjoyment?
A landlord MUST ensure that the tenants they rent to meet the basic requirements for Quiet Enjoyment, such as a safe environment to live in, not being harassed by other tenants or the landlord themselves, and an apartment that is free of unnecessary nuisances such as excessive noise and disturbances.
If there is something that comes up during the course of your renting your apartment that violates your right to Quiet Enjoyment, the first thing you need to do is go talk to your landlord.
It is their responsibility to provide this to you in exchange for your monthly rent. So don’t feel bad going and bothering them about this. This is part of their job.
For some reason, if the landlord doesn’t take care of an issue, then you can take other steps. But make sure that you are complaining about a problem that the landlord can ACTUALLY fix.
Remember, if it is something outside their control, there is nothing they are going to be able to do about it.
However, if they simply refuse to act on something like chronic noise and partying, you have a right, as the tenant, under the “Covenant of Quiet Enjoyment” to make your landlord rectify the situation as quickly as possible.
You have just as many rights and privileges as the people causing the disturbance, just as much right to enjoy your apartment without being bothered, the landlord’s job is to make this happen.
What Are The Landlord’s Obligations To Provide Me Quiet Enjoyment?
A landlord is obligated to provide you with quiet enjoyment, but any problems that arise that a tenant complains that his quiet enjoyment is violated MUST be a problem that the landlord has the power to fix.
Say, for instance, that you have a noisy neighbor that just won’t keep it under control. Because the tenants live on the landlord’s property and have signed a lease agreement saying they will respect the noise policy……the landlord has the right to kick them out. They would have control over this situation.
Let’s say though that a tenant complains about the noise on the street. The cars driving by at all hours of day and night are noisy, persistent, and they just won’t stop honking their horns.
It’s a busy, crowded, noisy area and it’s almost literally impossible to get it completely quiet in your apartment.
In this case, the landlord has no obligation whatsoever to do anything about the situation. Street noise is something that is completely out of his control, and not in his purview.
If you didn’t like the street noise, then you should have rented an apartment in a different location or at least asked for a higher floor where you could be further away from the street noise.
If My Landlord Refuses To Fix A Problem, Can I Break The Lease?
Yes, your landlord is obligated to provide you with Quiet Enjoyment. If you are in a situation where they cannot, or will not, provide this to you, you have the right to get out of your lease with no penalties.
Remember that Quiet Enjoyment isn’t something that is optional for landlords to provide. It is something that the tenant has BY DEFAULT.
It rarely comes down to it, but if the situation persists and the landlord still won’t take the steps necessary to fix the problem, then you can ask to get out of your lease and be on a solid legal footing to do so.
Of course, if you want your security deposit back, you are going to have to leave your apartment in amazing conditions, the Quiet Enjoyment covenant is not going to protect you from losing that. But it CAN help get you out of a situation that is making living in your apartment just plain miserable.
“Quiet Enjoyment” means that you, as the tenant, have the RIGHT to enjoy your apartment without unnecessary disturbance from other tenants, from the landlord themselves, or anyone else.
You have the right to enjoy your apartment in peace, without disturbance from unnecessary noise or commotion.
Your landlord’s responsibility is to provide you with this Quiet Enjoyment.
If they fail to provide this or fail to remedy a situation that doesn’t get any better, you can ask to get out of your lease on this basis, as Quiet Enjoyment is essentially a given and something that MUST be provided by the landlord as part of your leasing experience.
