Pennsylvania 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

What Constitutes a Breach of Quiet Enjoyment in PA? Quiet enjoyment refers to the tenant's right to peacefully enjoy their rented premises. The term is misleading; it doesn't strictly relate to ?noise? but includes any significant disturbances caused by another tenant or even 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.

North Carolina: Guests become tenants after occupying a property for 14 days. Ohio: Guests become tenants after occupying a property for 30 days. Pennsylvania: Guests become tenants after 30 days or after giving the landlord money to stay at the property.

Under the right to a safe and habitable home, a landlord cannot force a tenant to move into a home or unit ?as-is? and cannot demand that the tenant be responsible for repairs. To be safe, and habitable, a unit or home should have: Working smoke alarms. Working hot water.

The Right of Quiet Enjoyment Pennsylvania law says that every lease (whether verbal and written) contains a promise that the landlord will not unreasonably interfere with your right to possess the leased 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.

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Pennsylvania Quiet Enjoyment Clause