§ 22.02 Construction of the Covenant

• Jurisdiction: United States
• Publication year: 2022

§ 22.02 Construction of the Covenant

[1]—The Terms of the Covenant as Expressed in the Lease

The covenant of quiet enjoyment need not be expressly dealt with in the lease since it is implied. However, most leases do contain a quiet enjoyment section. These provisions usually diminish rather than enhance quiet enjoyment rights and must be carefully analyzed by the tenant.

The typical quiet enjoyment clause reads as follows:

Example 1:

Landlord covenants and agrees with Tenant that upon Tenant paying rent and observing and performing all the terms, covenants and conditions on Tenant's part to be observed and performed, Tenant may peacefully and quietly enjoy the premises hereby demised, free from any interference by Landlord, or anybody claiming rights by, through or under him or superior thereto.

Since the covenant of quiet enjoyment is implied in the lease, this clause does not grant any additional rights. It actually erodes implied rights since it conditions the tenant's quiet enjoyment rights upon the tenant paying rent and being in compliance with all of its other lease obligations. The condition applies despite the rule of independent covenants in leases that states that a breach of one obligation does...