Indiana Quiet Enjoyment Clause

State:
Multi-State
Control #:
US-OL22021
Format:
Word; 
PDF
Instant download

Description

This office lease form states that the landlord covenants and agrees with the tenant that upon the tenant paying rent and performing all the terms and covenants, the tenant may peacefully and quietly enjoy the premises, free from any interference by the landlord, or anybody claiming rights by or through or him.

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FAQ

The Covenant of Quiet Enjoyment. The tenant shall have the right of possession, occupancy and beneficial use of every portion of the leased premises. -Landlord guarantees that no one will interfere with/claim a superior right of legal possession than the tenant.

Your landlord cannot turn off your utilities. You have the right to privacy in the rental premises. Your lease agreement likely says when your landlord may come into your home. Usually, lease agreements say that your landlord may come in to do emergency repairs, routine or needed maintenance, and inspections.

Which of the following best describes a tenant's right to quiet enjoyment? A tenant has the right to enjoy lawful use of the property without being dispossessed or trespassed upon, even by the landlord.

The covenant of quiet enjoyment is a common law concept, as opposed to a creature of statute, aimed at ensuring that one who holds a residential leasehold interest in property intended as a home can use and enjoy the property without unreasonable interference.

Quiet enjoyment is an implied provision ? an invisible clause ? that imposes an obligation on the LANDLORD to benefit the tenant/lessee. The covenant requires the landlord to provide the tenant/lessee with ?quiet and peaceable? possession of the leased premises.

Covenant of "Quiet Enjoyment" This covenant prevents a landlord from disturbing their tenants. It also makes the landlord responsible for other tenants who create disturbances. It does not make a landlord responsible for disturbances by strangers or people who do not also rent from them.

If Tenant shall perform all of the covenants and agreements herein required to be performed by Tenant, Tenant shall, subject to the terms of this Lease, at all times during the Lease Term, have peaceful and quiet enjoyment of the Premises against any person claiming by, through or under Landlord.

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Indiana Quiet Enjoyment Clause