Maine 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

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.

Document Noise Disturbances If possible, try to record a sample of the noises with your phone or another recording device. A few recordings with timestamps should be enough to demonstrate your neighbor is being disruptive.

I am/We are writing to you to express concern over the noise that is coming from your property. I/We have spoken before and I/we have raised this /I have not been sure how to raise this with you but I/we wanted to give you some examples of the noise/disturbance which is preventing me/us from enjoying our home.

Your noise complaint letter will be most effective if you include specific examples along with dates and times of noise violations. This way, your landlord can corroborate the instances with other tenants (if necessary). Don't forget to list the unit number or location where the noise is coming from.

What to Include in a Letter to Your Landlord detail the issue that you're experiencing in your rental (include pictures if helpful) propose a reasonable solution. mention possible consequences, such as health problems, a fire, or a burglary or assault, of not dealing with the issue promptly, and.

Tenants in Massachusetts have a right to use and enjoy the premises which they rent or lease. When a landlord does something either willfully or by omission that interferes with the tenant's ability to use and enjoy their apartment, the tenant is in violation of the tenant's right to use and enjoy the premises.

Respect the Tenant's Right to Quiet Enjoyment Once a tenant has possession of a property, the landlord may not interfere with this right. It's therefore the landlord's responsibility to ensure he or she does not enter the rental unit without proper notice (usually 24 ? 48 hours, except in emergencies).

Any time you write a letter or email to your landlord, keep your language clear and concise to eliminate any potential for confusion. Include relevant details such as the date of writing, the dates of any instances referenced within the letter, and your contact information and unit number.

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Maine Complaint for Breach of Covenant of Quiet Enjoyment