Covenant of Quiet Enjoyment

Question: What is the Covenant of Quiet Enjoyment?

Answer: The Covenant of Quiet Enjoyment is an implied covenant (promise) that is adopted into every residential and commercial lease contract.  The covenant was adopted in California to ensure that tenants are not deprived of the full use and enjoyment of their rental property. 

In many ways, the Implied Covenant of Quiet Enjoyment is similar to the Implied Warranty of Habitability found in residential leases.  Both are implied into lease agreements (meaning they are contained in the lease even if they are not expressly stated) and both are designed to protect tenants from substantial interferences with their use of the leased premises.  Moreover, both may apply to the same situation if the problem results from a physical defect in the property such as a leaky roof, faulty plumbing, or failed electricity.

In order for a tenant to be able to seek relief from his or her landlord under the Implied Covenant of Quiet Enjoyment, the interference must substantial affect a material part of the property.  Mild annoyances are not sufficient.  The interference must also be caused by the landlord or someone under the landlord’s control, including other tenants.  Disturbances resulting from neighboring properties, such as a neighboring business not owned by the landlord, are not qualifying disturbances under the covenant.

Tenants suffering from disturbances may have a variety of options, including collecting damages, forcing the behavior to stop, or moving out if the interference is extreme and the landlord fails to take appropriate action.

If you are suffering from a disturbance, you should discuss the matter with your landlord to see if the problem can be remedied.  Landlords are often not aware of problems and are generally willing to take corrective steps.  If not, you may consider consulting an attorney or other legal services organization for help.