§ 22.05 Summary

• Jurisdiction: United States
• Publication year: 2022

§ 22.05 Summary

The quiet enjoyment right is a broad one that carries with it an implied warranty of peaceful possession. It also provides a basic framework for consideration of common law rights of actual eviction, constructive eviction and partial constructive eviction. These rights are in addition to the contractual rights a tenant may have when a landlord breaches a covenant, representation or expressed warranty unless overruled or supplanted in the lease document.¹ Often, a tenant's quiet enjoyment rights may give it greater relief and remedies than those afforded in a tightly or incompletely written repairs or services provision.

Landlords who understand the expansive rights given under a quiet enjoyment provision will limit these rights in the lease by: (1) conditioning the accrual of these rights upon the tenant not being in default; (2) limiting the rights only against the present landlord...