California Complaint for Breach of Covenant of Quiet Enjoyment

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Multi-State
Control #:
US-01270BG
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Word; 
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Description

Quiet enjoyment refers to the right of an occupant of real property, particularly of a residence, to enjoy and use premises in peace and without interference. Quiet enjoyment is often an implied condition in a lease. Quiet is not restricted to an absence of noise; it has been interpreted as uninterrupted. Interference by the landlord may deprive the tenant of expectations under the lease.


This form is a generic example that may be referred to when preparing such a Complaint for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

The covenant of quiet enjoyment states that a tenant has the right to enjoy his or her rental unit without ?substantial interference? from the landlord.

Under California law, landlords are required to keep rental properties in acceptable livable conditions for all tenants. This ?implied warranty of habitability? is a legal rule that requires landlords to keep their residential rental units in a condition that is fit and safe.

Examples of a breach of quiet enjoyment Courts have determined a variety of complaints as a breach of the covenant. It can range from drifting cigarette smoke, to drug dealing neighbors, to an ongoing mold problem.

Ing to California landlord-tenant laws, tenants have the right to live in safe, habitable rental units, as well as sue the landlord for retaliation, withhold rent for failure to provide essential services, recover attorney's fees, and more.

The covenant of quiet enjoyment gives the right to every tenant exclusive use and enjoyment of their rental, even when it comes to the owner. Put differently, this means that they are entitled to use and enjoyment of their entire rental unit without "substantial interference" from the landlord.

In property law, the covenant of quiet enjoyment is an implied term in every lease that the tenant shall have quiet and peaceful possession of the leased premises against the lessor. The covenant ensures that the landlord is bound to refrain from action which interrupts the tenant's beneficial enjoyment.

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.

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.

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California Complaint for Breach of Covenant of Quiet Enjoyment