The concept of quiet enjoyment may not ring a bell to some landlords, property managers, rental agents, and other players in the residential rental industry. However, it does not mean it is not of importance. On the contrary, it’s one of the main things you must ensure to tenants.
When renting out a space to a tenant, you are also giving them the right to use the property based on their liking, provided that they follow basic requirements in maintaining the property in good condition. Once they sign the lease, you should surrender (as you should) your freedom to enter their rented unit whenever you please. That is one way of respecting their right to quiet enjoyment.
What is Quiet Enjoyment?
The term “quiet enjoyment” may be interpreted in many ways since “quiet” and “enjoyment” may mean many things. The main idea when understanding quiet enjoyment in rental spaces is that the tenant must be allowed to use the unit in a state of quiet enjoyment and without any disturbance.
The Implied Covenant of Quiet Enjoyment
When a landlord signs the lease with a tenant, it means that the former implicitly agrees to grant the latter the right to quiet enjoyment during his stay on the property.
The reason why it is an implied covenant is because even though it is unspecified on the lease agreement, landlord-tenant laws in every state prevent landlords from intruding on the tenant’s rented space and require them to keep it in liveable conditions.
Waiving the Right to Quiet Enjoyment
Landlords are not allowed to make a tenant waive their right to quiet enjoyment. As mentioned earlier, it is an implied right, so the landlord can’t escape the responsibility to provide tenants quiet enjoyment and habitable space.
Examples of Breach to Quiet Enjoyment
Here are a few examples when a landlord can violate their tenants right to quiet enjoyment:
• Tolerating other tenants on the rental building to regularly conduct parties even up until the wee hours, play loud music 24/7, messing up the common areas.
• Threatening tenants or turning off the utilities to intimidate or punish tenants because of delayed rental payments.
• Never fixing leaks or any property damage despite repeated complaints from tenants.
• Entering the tenant’s rented unit without giving prior notice.
• Going through tenant’s mail.
There are many ways for landlords to violate their tenant’s right to quiet enjoyment, whether intentionally or not. Landlords must always handle complaints with professionalism and sensitivity because failing to do so could cause a strain on the relationship of the landlord with his tenants.
Rental Agent Responsibilities
Before you market a property, go the extra mile to check the property for malfunctioning lights, faucets, showers, and airconditioning. Also, try to ask property managers if there are tenants who are often causing disturbance and how they handle such issues. That way, when you market properties on Padleads, you can guarantee high-quality indoor living that’s peaceful and fully-functional.
Making that extra effort is also one way for you to protect your reputation as a rental agent because tenants expect you to provide them the best option they have.