Every renter has the right to use and enjoy the property for which they pay rent without being disturbed. This right is known as the quiet enjoyment tenant right, and it applies to both renters and property owners. Covenants related to real estate include this right, and rental agreements or purchase contracts often include those covenants.
Implied Rights and Warranties of Quiet Enjoyment
In many cases, the right to quiet enjoyment of a property is an implied right or warranty, which means that an agreement between the renter and the landlord implies the right to enjoy and use it without being bothered. Even if your rental agreement doesn’t explicitly state the quiet enjoyment tenant right, the court still recognizes it as an implied right that comes with the agreement to rent a property.
What does quiet enjoyment mean?
The definition of quiet enjoyment states that a tenant has the right to enjoy their rental unit without “substantial interference” from their landlord and guarantees that tenants benefit from the full use and enjoyment of their home or apartment. It can be a bit challenging to define since every individual’s perception of “quiet” differs. If you’re used to living in a big city with a lot of street noise, the sound of cars going by probably doesn’t impact your ability to relax and feel comfortable in your living space. However, if you have lived in the suburbs, street noise could be quite a bother for you as you try to sleep at night.
Ultimately, the ability to obtain quiet enjoyment of your living space depends on your landlord’s actions. Dealing with persistent disturbances is something that you don’t have to put up with as a renter, according to this particular implied right. Some examples of persistent landlord-caused disturbances include:
- Entering the property without proper notice or too frequently
- Harassment directed toward you or your guests
- Unnecessary maintenance work or improvements that take longer than they should
- Constant contact, whether via email, in-person visits, or phone calls
- Prohibiting the reasonable enjoyment of the property, such as restricting the renter from inviting and entertaining guests
- Failing to repair issues within the property that impact habitability or that the landlord promised to repair in the rental agreement
- Snooping through personal property
In addition to landlord-caused disturbances, quiet enjoyment can also be infringed upon by other tenants, neighbors, and pests. Dealing with disruptive nuisances, such as barking dogs, loud music, or noisy neighbors, can be frustrating and make it difficult for you to feel comfortable and relaxed in your living space. You could also have pests in your unit that make noise or cause you to feel uncomfortable.
Acceptable vs. Unacceptable Disturbances
It’s important to understand the difference between acceptable or one-time disturbances and unacceptable or ongoing disturbances. If you owe rent or your landlord is following up on another financial request or concern, it is within their right to contact you regularly until they receive an answer. An emergency situation, such as a broken pipe or fire in the unit, can also negate the requirement for the landlord to provide notice before coming into the living space.
If you have neighbors that enjoy hosting parties and the noise from those gatherings occurs outside of any quiet hours, this likely wouldn’t be considered an unacceptable disturbance. After all, they are within their right to quiet enjoyment of their living space to have guests over, as long as they aren’t violating any terms of their rental agreement or making a lot of noise late at night. Certain disturbances may also just come with the territory, such as street noise in a high-rise city building or train horns when a residence is next to a train station or stop.
Specific Implied Rights Under Quiet Enjoyment
A person renting a property has certain specific implied rights under the right to quiet enjoyment. These include:
- Privacy: A reasonable expectation of maintaining privacy in the unit without being disturbed by the landlord.
- Right of Use: Exclusive right to use the property as the renter sees fit, as long as their actions fall under the terms in the rental agreement and do not violate any local laws.
- Peace and Quiet: The right to enjoy a quiet living atmosphere, free from disturbances that would be considered unreasonable and/or recurring by neighbors, the landlord, or others around the property.
- Basic Utilities: Access to basic utilities, including hot water, heat, and electricity, that make the property livable. Utility access also falls under a separate implied warranty, which is known as the warranty of habitability of a property.
- Safety and Security: The right to a dwelling that provides sufficient security, such as having locks on exterior doors and windows, as well as premises that are free from bodily hazards and safety concerns.
What constitutes a violation of the quiet enjoyment tenant right?
When considering whether something is violating the quiet enjoyment right, you can ask, “would the specific issue or situation prevent a typical resident from reasonably enjoying and accessing the rental?” If the answer to that question is yes, it’s best to take action and remedy the situation.
If a landlord violates this right, the renter may be relieved of their obligation to pay rent and terminate their lease. One of the most basic aspects of a good relationship between a renter and a landlord is the payment of rent in exchange for a habitable and safe dwelling that the renter can enjoy. When that aspect is not present in the relationship, the renter may have legal grounds to terminate their lease and find a rental unit that does meet their requirements for safety and enjoyment.
When you’re a renter, you have the right to enjoy and feel reasonably safe in the property which you are paying rent to inhabit. Landlords must ensure that the property they are renting to an individual or group of people meets the requirements under the implied warranty of renter enjoyment, as well as provide a living space that is free of disturbances and provides a proper level of privacy for those living there.
Looking for a new place to find your quiet enjoyment? Search thousands of apartments for rent on Zumper.
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