Implied Warranty of Quiet Enjoyment

The implied covenant of quiet enjoyment protects your right to possess and use your rental unit. It is an agreement between you and your landlord. For example, your landlord may not block your patio door with the community dumpsters.

An implied covenant of quiet enjoyment does not directly apply to your neighbor’s actions. A loud neighbor is not necessarily a breach of quiet enjoyment.

A tenant may not exercise any remedies under the implied covenant of quiet enjoyment unless the tenant first provides the landlord with written notice of the infringement and a reasonable opportunity to fix it.

Read your lease carefully — the implied covenant of quiet enjoyment can be contracted or bargained away.