Nebraska 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

A landlord cannot evict a tenant without first going to court and getting a court-ordered eviction. The legal term for an eviction is ?restitution of premises?.

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.

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.

Quiet Enjoyment: Tenants should not behave nor allow any person to behave in such a manner that disturbs the peaceful enjoyment of other tenants (N.R.S. § 76-1421(7)).

If you have questions about the meaning and application of the law, or questions on how to file a complaint, please contact the Fair Housing staff at 402.934,6675 or toll-free at 800.669. 3247 (800-NOW-FAIR). Nebraska Relay, contact 800.833.

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Nebraska Complaint for Breach of Covenant of Quiet Enjoyment