What Does Implied Covenant of Quiet Enjoyment Mean

As a landlord, it’s essential to be familiar with the Implied Covenant of Quiet Enjoyment. This federal law guarantees that every tenant in the country has the right to enjoy their rented property peacefully.

If you don’t follow this law, you could face the consequences like your tenant vacating the property or suing you.

Implied Covenant and Quiet Enjoyment

An implied covenant is an agreement assumed to be in a contract, even though it’s not specified directly. Meanwhile, quiet enjoyment means that a tenant can use and enjoy a rented property without interruption. In this aspect, tenants have two rights:

  • The right to live in a comfortable environment
  • The right to live in peace and free from disturbance

In addition to the right to live in a comfortable environment and peace, tenants also have a right to private property. The landlord can’t interfere with tenants’ right to use and enjoy their private property.

What Qualifies as a Livable Residence?

A livable residence meets state and local building, health, and safety regulations. The Implied Warranty of Habitability requires a landlord to provide, at a minimum:

  • Safe drinking water
  • Hot water
  • A functioning bathroom and toilet
  • Working smoke and carbon monoxide detectors
  • An adequate ventilation system
  • Working electricity
  • Reasonable protection from criminal harm
  • Sanitary premises

Your tenant is entitled to live in peace and quiet, free from any intrusive noise.

What the Tenant Is Entitled to

Once your tenant signs the lease, they are entitled to peace and quiet and privacy. As a landlord, you are responsible for eliminating or limiting any disturbances that may interfere with a tenant’s right to enjoy peace. You may not enter their home without permission.

When Is a Landlord Legally Allowed to Enter the Premises?

Some of the most common reasons landlords enter tenants’ homes are:

  • To show the property to prospective renters when the lease is up
  • To make repairs or improvements that are needed
  • In case of an emergency
  • When the tenant has given permission
  • When they believe the tenant has abandoned the rental, like if the utilities are off or there was a moving truck at the apartment
  • To deliver services the tenant has requested
  • To serve an eviction notice after the tenant has broken the lease agreement multiple times

Landlord Rights

As a landlord, you have certain rights, too. If you have a problem with your tenant, you can give them a Notice of Breach. If the problem continues, you may choose to evict them. If you are leasing a property that has not been registered under the Rent Stabilization Ordinance, you may serve a 40-day or a 60-day eviction notice.

When You Need to Give Your Tenant an Eviction Notice

If your tenant hasn’t paid the rent on time, or if they have broken the lease somehow, you must serve them with a proper eviction notice. If your tenant has failed to fix a serious problem, like a leaking ceiling, you may choose to serve them with a Notice of Breach.

Before you evict your tenant, you must give them a written notice. It must be in the proper legal form, have the appropriate amount of time, and have the tenant’s signature acknowledging the notice.

Conclusion

The implied covenant of quiet enjoyment protects your tenant’s right to a comfortable and safe environment. The key is to treat them with the same respect you would want from them. Landlords and tenants should work together to create a healthy and positive relationship.

At Quest Real Estate, our full-service real estate company has helped clients throughout Northeast Florida since 1985. We specialize in residential and commercial property management, including single-family investment homes, commercial office buildings, restaurant and retail centers, boutiques, and much more. 

Whether you are buying or selling a home or commercial property or want to relieve yourself of the burden of day-to-day operations, we can help. If you need property management services in Jacksonville, FL, call us today at (904) 373-9171 for a free quote!