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Simple English definitions for legal terms
covenant of quiet enjoyment
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A quick definition of covenant of quiet enjoyment:
Covenant of Quiet Enjoyment: When someone rents a place to live or work, they have the right to use it peacefully and without interruption from the landlord. This is called the covenant of quiet enjoyment, and it is automatically included in every lease. If the landlord does something that makes it hard for the tenant to use the place, like making a lot of noise or blocking the entrance, the tenant can take legal action. The tenant may be able to get money for any harm they suffered, or they may be able to end the lease early without penalty. However, if the tenant doesn't pay rent, the landlord can take action that would normally be a breach of the covenant of quiet enjoyment.
A more thorough explanation:
In property law, the covenant of quiet enjoyment is a term that is automatically included in every lease. It means that the tenant has the right to live in the property without any interference from the landlord. The landlord must not do anything that would disrupt the tenant's peaceful enjoyment of the property.
For example, if a landlord starts construction work that causes a lot of noise and dust, and the tenant is unable to live in the property during this time, this would be a breach of the covenant of quiet enjoyment.
If the landlord breaches the covenant of quiet enjoyment, the tenant may be entitled to compensation. This could include damages for any financial losses the tenant has suffered, such as having to pay for alternative accommodation, as well as compensation for any inconvenience or distress caused.
However, there are some situations where the covenant of quiet enjoyment may not apply. For example, if the tenant has not paid their rent, the landlord may be entitled to take action to recover the property. In this case, the tenant would not be able to claim a breach of the covenant of quiet enjoyment.