Contract Glossary
Covenant of Quiet Enjoyment
Definition
A landlord's promise that the tenant will be able to use and enjoy the leased property without unreasonable interference. Despite the name, it has nothing to do with noise — 'quiet' means 'undisturbed.' The covenant protects tenants from landlord actions that effectively make the property unusable, such as unauthorized entry, failing to maintain common areas, or allowing other tenants to interfere with the space.
In Practice
You lease office space and the landlord starts major construction on the floor directly above you — jackhammering during business hours, cutting off your HVAC for days at a time, and blocking your entrance with scaffolding. Even though the landlord owns the building, this likely violates the covenant of quiet enjoyment because it substantially interferes with your ability to use the space for its intended purpose. You could withhold rent, terminate the lease, or sue for damages depending on your jurisdiction and the severity of the disruption.
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Frequently asked questions about covenant of quiet enjoyment
'Quiet' means 'without disturbance' — not 'without noise.' The covenant guarantees that no one with a legal claim superior to yours (the landlord, a prior tenant, a lien holder) will interfere with your possession and use of the property. It also means the landlord won't take actions that substantially impair your use of the space, like cutting off utilities, entering without notice, or allowing hazardous conditions.
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Create your contractThis content is for informational purposes only and does not constitute legal advice. For contracts with significant financial or legal implications, review by a qualified attorney is recommended.