Georgia Complaint for Breach of Covenant of Quiet Enjoyment

State:
Multi-State
Control #:
US-01270BG
Format:
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

Repeatedly entering your tenant's rental space without providing proper notice. Going through your tenant's personal belongings without their knowledge. Failing to remove or minimize disruptions that infringe upon your tenant's quiet enjoyment. Harassing your tenant, either in-person or otherwise.

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.

Section 44-7-50 - Demand for possession; procedure upon a tenant's refusal; concurrent issuance of federal lease termination notice (a) In all cases when a tenant holds possession of lands or tenements over and beyond the term for which they were rented or leased to such tenant or fails to pay the rent when it becomes ...

Quiet enjoyment is a covenant that promises that you will not do anything to interfere with a tenant's reasonable use and enjoyment of their leased premises, and that you will ensure that a tenant's use and enjoyment of the property will not be disturbed.

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.

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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Georgia Complaint for Breach of Covenant of Quiet Enjoyment