§ 22.04 Remedies for Breach of the Covenant of Quiet Enjoyment

• Jurisdiction: United States
• Publication year: 2022

§ 22.04 Remedies for Breach of the Covenant of Quiet Enjoyment

There are a number of remedies available to a tenant when the covenant of quiet enjoyment has been breached or if the tenant has been actually or constructively evicted. The tenant can sue the landlord to recover possession of the premises. Alternatively, the tenant can treat the lease as terminated, move out and discontinue rental payments. The tenant also has the option to sue for damages. The measure of damages would be the difference between the use value of the premises for the remainder of the lease term and the rental amount as set forth in the lease measured between the time of eviction and the specific lease expiration as well as loss of goodwill for the loss of its unique...