Thornton Colorado Letter from Landlord to Tenant as Notice to Tenant of Tenant's Disturbance of Neighbors' Peaceful Enjoyment to Remedy or Lease Terminates

State:
Colorado
City:
Thornton
Control #:
CO-1047LT
Format:
Word; 
Rich Text
Instant download

Description

This is a notice from landlord to tenant to advise tenant of the breaches of tenant's obligation to limit and control the conduct of tenant, tenant's family members and guests. This notice states that tenant is disturbing the quiet and peaceful enjoyment of neighbor's premises.


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". A tenant's remedies for breach of his/her quiet enjoyment are damages and injunction.


Quiet enjoyment is a common law concept, which case law has given its definition. Even without rising to the level of a constructive eviction and requiring the tenant to vacate the premises, such interferences may deprive the tenant of expectations under the lease and reduce the value of the lease, requiring an award of compensatory damages.

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FAQ

A covenant of quiet enjoyment is breached when the premises become unfit for the purposes for which they were leased, or resident is deprived of the beneficial enjoyment of the premises.

In Colorado, the only way a landlord may terminate the remainder of the tenant's lease term and evict the tenant from the rental premises is through a forcible detainer suit. A forcible detainer suit requires the landlord to obtain a court order, requiring the tenant to vacate the property.

Quiet or peaceful enjoyment means that the tenant can live normally in the property without suffering any unnecessary interruptions from the landlord. You should always get your tenants' consent before you enter their home.

It does not mean that the tenant has the right to enjoy a quiet property. Instead, it means that the tenant has the right to use their property without unreasonable or unnecessary interference from their landlord.

A substantial violation means any act that endangers the person or willfully and substantially endangers the property of the landlord, any joint tenant, or any other person living on or near the property, or occurs on or near the premises, and constitutes a violent or drug-related felony.

In the context of enjoyment of property, cases such as this one from Kansas, explain that ?a tenants right to quiet enjoyment of a property means that a tenant has possession of the property and is free to come and go from the property without the landlord's interference.?

Refusing to Perform Necessary Repairs on a Tenant's Unit. Removing the Tenant's Possessions From the Unit. Changing the Locks on the Tenant's Doors. Harassing the Tenant- In Person, By Phone, Internet or Mail.

Quiet enjoyment includes various tenant rights, such as the right to exclude others from the premises, the right to peace and quiet, the right to clean premises, the right to basic services, such as heat and hot water, and the right to reasonable access.

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.

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Thornton Colorado Letter from Landlord to Tenant as Notice to Tenant of Tenant's Disturbance of Neighbors' Peaceful Enjoyment to Remedy or Lease Terminates