The Implied Covenant of Quiet Enjoyment

The Implied Covenant of Quiet Enjoyment

In California, the Implied Covenant of Quiet Enjoyment provides tenants with the right to the use and quiet enjoyment of their real property. (Code Civ. Proc. § 1927). This ensures that a tenant is able to fully benefit from their real property without substantial interference from the landlord.

There is a presumption that every lease contains an implied covenant of quiet enjoyment. (See Nativi v. Deutsche Bank National Trust Company (2014) 223 Cal.App.4th 261). This applies to both residential and commercial leases. However, in some instances involving commercial leases, the landlord and tenant can agree to modify or waive the right to quiet enjoyment.

In the event that a landlord breaches the implied covenant of quiet enjoyment, a tenant has the right to bring a cause of action against the landlord. (See Ginsberg v. Gamson (2012) 205 Cal.App.4th 873). To succeed, the tenant must show that the landlord’s act or omission substantially interferes with their right to the use and enjoyment of the real property. (See Andrews v. Mobile Aire Estates, (2005) 125 Cal. App. 4th 578, 589).

For example, a tenant has a right to privacy in the premises that they have leased. A court may find that a landlord has breached the implied covenant of quiet enjoyment by abusing their right to enter the tenant’s premises. Please note however, minor inconveniences or annoyances by a landlord are not actionable.

At Schorr Law we have extensive experience in handling residential and commercial lease disputes. To see if you qualify for a free 30-minute consultation regarding your matter, please contact us by phone, email, or send us a message through our contact form

See related: Reviewing your Leases with Landlords and Tenants

 

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