Also known as: quietly possess · quietly possessed · quietly possessing · quiet enjoyment
Written by attorneys · grounded in primary & secondary sources — see below
A covenant or warranty that assures the grantee or buyer of undisturbed possession of property free from interference by superior title claims or actions attributable to the grantor or landlord. The covenant runs with the land in deeds and supports claims for damages or rent abatement when breached by eviction from all or part of the premises. Breach occurs upon actual interference with the contemplated use rather than the mere existence of a superior interest.
Quinton Quimby sold a commercial building to Quintessential Goods by general warranty deed containing the covenant of quiet enjoyment. After closing the easement holder entered and demanded shared wall maintenance that blocked Quintessential Goods' loading operations. Quintessential Goods sued Quinton Quimby for breach because the actual interference impaired its planned use and the covenant protected against such disturbance by the grantor.
Quintin Quest leased space above a lounge owned by the same landlord as the residential units. Late-night music from the lounge substantially deprived Quest of quiet enjoyment for months. Quest vacated and successfully defended a rent action by proving constructive eviction from the landlord's failure to control the disturbance.
Select any source to read its text and confirm it supports the definition.
Quintina Qualls leased an apartment from a corporate landlord that failed to repair recurring heating failures. The defects made the unit uninhabitable during winter months and prevented Qualls from using the premises as contemplated. Qualls withheld rent and prevailed on a quiet enjoyment claim tied to the landlord's breach of the implied warranty of habitability.
Quinlan Quick purchased a condominium unit subject to association rules limiting pet ownership. Quick's dog violated the recorded restriction and the association sought removal. Quick defended on grounds that enforcement would breach the covenant of quiet enjoyment by unreasonably interfering with residential use established at purchase.
Queenie Quick leased warehouse space from a landlord who lacked clear title to half the premises. A senior lessee with paramount rights evicted Quick from that portion only. Quick remained in the balance of the space and obtained rent abatement plus damages for the landlord's breach of the covenant of quiet possession.
Quantum Dynamics leased retail space and fell behind on rent. The landlord changed the locks without court process and barred all access. Quantum Dynamics sued for breach of quiet possession because the lockout constituted an unlawful interference with its right to remain until proper eviction proceedings concluded.
Yes. When a superior titleholder evicts the tenant from only part of the leased premises the tenant may continue the lease as to the remainder and recover a proportional abatement of rent plus damages for the landlord's breach of the covenant of quiet enjoyment.
Yes. When the landlord breaches the covenant of quiet enjoyment but the tenant elects to remain the tenant may recover the reasonable additional cost of obtaining substitute space needed to continue the leased use.
No. The covenant against encumbrances in a general warranty deed is absolute and runs with the land. Record notice does not relieve the grantor of liability for preexisting burdens that impair the grantee's quiet possession.
A tenant may terminate before entry if a paramount title is asserted in a manner that would deprive the tenant of the use contemplated by the lease. Partial interference permits affirmation of the lease as to the unaffected portion together with damages or rent abatement.
…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…