What Is "Implied Covenant of Quiet Enjoyment"?

What Is "Implied Covenant of Quiet Enjoyment"?

Aug. 10, 2021

What Is "Implied Covenant of Quiet Enjoyment"?

When a tenant signs a lease, they automatically gain rights to certain things. And, among these things is the right to live in privacy. Under the implied covenant of quiet enjoyment, you have a responsibility to maintain a tranquil environment that your tenant can reasonably use and enjoy.

The implied covenant of quiet enjoyment is a foundational concept built into every tenancy agreement. It exists whether or not it’s stated on the lease or rental agreement.

As a landlord, understanding what this law entails is key to running a successful rental investment. Why? Because, if you fail to observe it, you risk several potential ramifications.

For one, your tenant may be able to sue for money damages amounting to a partial or full refund of rent during the entire time the violation has been there. And two, your tenant could also have the legal justification to move out without further obligations to the lease.

While landlords have a right to enter rented premises, they must strictly adhere to the landlord-tenant law. In Florida, landlords must provide their tenants with a notice of at least 12 hours prior to entering the rental property. It also goes without saying that the reason and timing of entry must be practical, as well.

What Does the Term “Implied” in “Implied Covenant” Mean?

When a covenant is “implied”, it basically means that it doesn’t have to be necessarily stated in the lease agreement. So, as we’ve mentioned, tenants get to enjoy this right regardless of whether it’s written in their lease or not.

implied covenant

Furthermore, it’s unlawful for landlords to have their tenants waive this fundamental right.

What About “Quiet Enjoyment” – What Does It Mean?

The definition of “Quiet Enjoyment” isn’t straightforward. That’s because no two situations are ever the same. In addition, the two terms - “quiet” and “enjoyment” – are relative.

Generally speaking though, “quiet enjoyment” simply means that landlords must ensure their tenants live in peace, away from any unreasonable disruptions. The following are some examples of “unreasonable disruptions” to a tenant’s quiet enjoyment:

There are, however, some disruptions to a tenant’s “quiet enjoyment” that may be reasonable. For example:

What Does the Covenant of Quiet Enjoyment Protect?

As previously mentioned, the covenant of quiet enjoyment protects tenants from unnecessary disturbance. Note, however, that the covenant isn’t a promise to your tenants that you’ll prevent all noise disruptions on their premises

implied covenant of quiet enjoyment

That said, it’s your responsibility to ensure that any noise disruptions don’t grow to a level where your tenant is unable to use the property for its intended purpose. The following are the five basic tenant rights that the covenant of quiet enjoyment provides tenants with:

proper tenant treatment

When Does a Landlord Have a Right of Entry?

About 50 percent of all the states in the U.S. have laws that specify the circumstances under which a landlord can enter their tenant’s rented premises, and Florida is no different. Some common reasons for landlord entry include, right to:

On top of the aforementioned 12 hours notice, your entry times must be reasonable as well.

Bottom Line

There are many nuances to the implied covenant of quiet enjoyment. It can sometimes be tricky for landlords to know what they can or can’t do when many of these elements aren’t outlined in the lease.

Do you feel like you need help with all the needed knowledge that comes with managing a rental property? If you do, Innovative Property Solutions can help! Our property managers are experienced and knowledgeable about all Florida landlord-tenant laws.

Innovative Property Solutions

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