Also known as: quiet enjoyment · tenant's right of quiet enjoyment · right to quiet enjoyment · covenant of quiet enjoyment
Written by attorneys · grounded in primary & secondary sources — see below
An implied covenant in a lease that protects a tenant's right to undisturbed possession and use of the leased premises without substantial interference from the landlord or those claiming under the landlord. The covenant is breached when the landlord substantially interferes with the tenant's permissible use, allowing the tenant to claim constructive eviction or other remedies.
Quintana Quest leased an apartment from Quintina Qualls. After closing a prior lienholder asserted a claim that substantially interfered with Quest's possession. Quest invoked the covenant of quiet enjoyment to hold Qualls liable for the defect.
Quintana Quest leased an apartment above a space that Quintina Qualls later rented as a bar. Late-night music and crowds from the bar substantially deprived Quest of quiet enjoyment for months. Quest successfully raised constructive eviction as a defense to the landlord's rent claim.
Select any source to read its text and confirm it supports the definition.
Quiana Quach rented an apartment in a building owned by Quest Pharmaceuticals. Persistent failures to repair heating and plumbing systems substantially interfered with Quach's use of the premises. Quach withheld rent and defended on breach of the implied covenant of quiet enjoyment.
Quinlan Quezada leased premises from Quincy Manufacturing. The landlord refused to deliver possession at the start of the term because a prior tenant remained. Quezada sued for breach of the covenant of quiet enjoyment before taking possession.
Quoc Quan leased a home targeted by repeated residential picketing organized by a neighbor group that the landlord could control. The picketing substantially interfered with Quan's quiet enjoyment of the premises. Quan sought injunctive relief to protect the residential use.
Quest Quail leased commercial space from Reste Realty Corp. Recurrent flooding from a latent defect substantially interfered with Quest Quail's business operations. Quest Quail successfully claimed breach of the implied covenant of quiet enjoyment and obtained rent abatement.
Substantial interference with the tenant's use and enjoyment of the premises constitutes a breach. This includes disturbances from other tenants or spaces under the landlord's control that the landlord can correct, as well as the landlord's own direct interference.
Supporting sources
Yes. A general warranty deed includes an express covenant of quiet enjoyment that runs with the land and allows a later grantee to sue the original grantor for title defects.
Supporting sources
Yes. When a paramount title is asserted that would deprive the tenant of the contemplated use, the tenant may terminate the lease before entry and recover damages.
Supporting sources
…therein. [^maj-37]: Ingalls v. Hobbs , 156 Mass. 348, 31 N.E. 286 (1892). [^maj-38]: The cases developing the doctrines of “quiet enjoyment” and “constructive eviction” are the most important. See 2 R. Powell, supra Note 10, ¶ 225 [3]. See also Gladden v. Walker & Dunlop , 83 U.S.App.D.C. 224, 168 F.2d 321 (1948) (landlord…