Minnesota 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

So long as Tenant is not in Default under this Lease, Tenant shall, subject to the terms of this Lease, at all times during the Term, have peaceful and quiet enjoyment of the Premises against any person claiming by, through or under Landlord.

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.

Some jurisdictions have required that the breach amount to actual or constructive eviction. For example, where a landlord's construction activities cause dust, debris, and noise to force a tenant to evacuate their leased apartment, an action for breach of covenant of quiet enjoyment can be supported.

Peace and Quiet Your rights as a tenant include the right to "quiet enjoyment," a legal term. This means your landlord cannot evict you without cause or otherwise disturb your right to live in peace and quiet. If other tenants in your building are disturbing you, you should complain to the landlord.

Example Quiet Hours Lease Verbiage These quiet hours shall be in effect 24 hours a day, 7 days a week, 365 days per year. During these times, tenants agree not to: Operate stereos, radios, televisions, and musical instruments in a manner that disturbs other tenants or neighbors.

There is not a limit on maximum noise. The statutory limits for a residential location are L10 = 65 dBA and L50 = 60 dBA during the daytime ( a.m. ? p.m.) and L10 = 55 dBA and L50 = 50 dBA during the nighttime ( p.m. ? a.m.) (Minn. R.

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.

Rentals: You may wish to take a look at your lease agreement containing the clause entitled "Quiet Enjoyment." If the tenant is being too noisy (their stereo is keeping you up all night, etc.,) they may be in violation of the lease agreement and that my be grounds for eviction.

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Minnesota Quiet Enjoyment Clause