The covenant is implied in every lease and breached by landlord conduct substantially interfering with the tenant's use, including failure to make required repairs, permitting nuisance conditions, and disturbing possession.
Breach may support constructive eviction.
Alternative Names:
Covenant of Quiet Enjoyment, Right of Quiet Enjoyment
Why it Matters?
The covenant reaches conduct by the landlord and those acting under its authority, which is why interference by another tenant may breach it where the landlord had authority to stop the conduct and failed to. That extension is what makes the covenant useful against a landlord permitting a disruptive co-tenant. Third-party interference the landlord cannot control generally does not breach the covenant.
Frequently Confused with
Related terms
Frequently asked questions
Does co-tenant conduct breach the covenant?
What is the relationship to constructive eviction?
