Breach of the Covenant of Quiet Enjoyment in a Rental Unit
Under California law, the covenant of quiet enjoyment is an implied warranty contained in every lease and rental agreement regardless of whether the agreement contains a written covenant. The implied covenant of quiet enjoyment is similar to the implied warranty of habitability, which guarantees that the landlord will maintain the leased or rented premises in a state of good repair. Quiet enjoyment is a tenant’s right to the undisturbed use and enjoyment of his or her rental unit. The covenant of quiet enjoyment includes several implied tenant rights.
◾A reasonable expectation of privacy.
◾Peace, quiet and solitude.
◾Freedom from unreasonable disturbances from the tenants in space 7.
◾The use of common areas, free from significant disturbance or interference by the Space 7 tenants.
If a landlord’s violation was significant, repeated and intentional, a tenant can sue the landlord in small claims court.California laws permit civil penalties of up for $2,000 for each violation.
A tenant who believes that his or her use and enjoyment of a rental unit is impaired by actions of another tenant should advise the landlord of the situation in writing and allow the landlord a reasonable opportunity to resolve the problem. Under California law, specific actions or omissions by a landlord or property owner constitute a breach of the covenant.
◾Failing to control unreasonable and disruptive noise or behavior.
◾Intentional intimidation or harassment of a tenant.
◾Preventing a tenant from entertaining guests without cause.
◾Allowing the rental property to fall into a state of disrepair.
If a landlord fails to correct a disturbance that interferes with a tenant’s use and enjoyment of his or her rental unit, a tenant is justified in abandoning the rental unit. If there has been a significant interference with a tenant’s rights to quiet enjoyment of his or her rental unit and the landlord has failed to remedy the problem, the landlord has breached the implied covenant. The breach amounts to a constructive eviction if the tenant chooses to surrender possession of the rental unit. A tenant is permitted to withhold rent or abandon the property. A tenant who vacates a rental unit due to a breach of the covenant of quiet enjoyment has no further obligation to pay rent or honor the terms of a lease agreement. In essence, the landlord has breached the covenant and has constructively evicted the tenant.
