CHAPTER 22 The Covenant of Quiet Enjoyment

• Jurisdiction: United States
• Publication year: 2022

CHAPTER 22 The Covenant of Quiet Enjoyment

Chapter Contents

§ 22.01 Quiet Enjoyment

[1] Scope
[2] History of the Covenant

§ 22.02 Construction of the Covenant

[1] The Terms of the Covenant as Expressed in the Lease
[2] Limiting the Landlord's Liability
[3] Successor Rights and Obligations
[4] Fairly Expressing the Covenant in the Lease

§ 22.03 Theories of Liability

[1] Actual Eviction

[a] Generally
[b] Partial Actual Eviction

[2] Constructive Eviction

[a] Substantial Interference
[b] Quitting the Premises
[c] Abandonment Related to Landlord's Transgressions
[d] Radiation Contamination and the Tenant's Due Diligence Obligation

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