Landlord and Tenant: Quiet Enjoyment

This lesson in landlord-tenant law addresses the covenant of quiet enjoyment. Topics include use of an express covenant of quiet enjoyment, including variations in wording; implication of the covenant; the scope of the covenant (protection against the landlord; persons claiming through the landlord; and paramount titleholders), actual eviction; and remedies for breach of quiet enjoyment.

Learning Outcomes

On completion of the lesson, the student will be able to:

1. Define the covenant of quiet enjoyment.
2. Define actual eviction.
3. Define constructive eviction.
4. Define a partial eviction.
5. Identify the categories of potential wrongdoers whose actions might constitute a breach of the covenant of quiet enjoyment.
6. Compare lease provisions and ascertain the existence of an express covenant of quiet enjoyment.
7. Interpret language in the lease to determine whether the covenant of quiet enjoyment, if any, is dependent on the tenant’s performing the terms of another lease provision.
8. Identify the possible remedies available to a tenant when there has been a breach of the covenant of quiet enjoyment.