What is the “implied covenant of quiet enjoyment?
Unless a lease or rental agreement is specifically modified, every lease or rental agreement contains the landlord’s implied covenant of quiet enjoyment. Under this implied covenant, the landlord promises that tenant will not be evicted or disturbed by the landlord or anyone else claiming title to the rented premises. The covenant protects the tenant from acts of the landlord that disturb the tenant’s peaceful possession of the land. For example, the landlord cannot rent a part of the same premise that the tenant is already living in. The landlord would also be prohibited from renovating or altering the leased premise in a way that would make it unlivable. For example, the landlord would likely be prohibited from turning the apartment below you into a dance club or a dog kettle. The purpose of the covenant is to protect the tenant against any act by the landlord that interferes with the tenant’s right to use and enjoy the property. If the landlord breaches the implied covenant, the ten
