Whether or not stated, every rental agreement contains an implied covenant of quiet enjoyment. The promise is implied because it’s a fundamental tenant right under state law and can’t be waived, no matter what is specified in the lease. There is often confusion as to what quiet enjoyment actually means though.  Let’s take a closer look at what it means (and doesn’t mean) to help you fulfill your legal obligations as a landlord and maintain positive relationships with your tenants. 

At its core, quiet enjoyment refers to a tenant’s right to use and enjoy the property they’ve rented without unreasonable disturbances. Your tenant pays rent to secure a unit for their private use, and in return, they deserve to enjoy it within a fair expectation of privacy and peace and quiet. 

But no unit can stay completely silent – doesn’t everyone experience noisiness and interruptions from time to time? Yes, but despite its name, the concept of quiet enjoyment differentiates between ordinary annoyances versus recurring or over-the-top disturbances that disrupt a tenant’s use of the property. The following examples should help to illustrate the distinction. 

Reasonable interruptions: 

• The landlord enters the unit for an inspection or repair with proper notice. 
• The landlord contacts the tenant to ask about a late rental payment. 
• Traffic noise on a busy city street. 
• Children playing in the yard next door. 
• A party at a neighbor’s house that ends at a reasonable time. 

Unreasonable disturbances: 

• The landlord calls multiple times a day with threats regarding property damage caused by the tenant. 
• The landlord goes through the tenant’s mail or personal property to learn more about their financial situation. 
• Neighbors host frequent, loud parties that continue long past midnight. 
• The landlord refuses to make a health and safety repair. 
• The dog next door barks loudly at all hours of the day. 

While various sounds and interruptions affect each person differently, a big-picture, common-sense view of the situation will help distinguish a breach of quiet enjoyment from a run-of-the-mill irritation. These can be tricky conversations, but its important to make the distinction and act accordingly.  Listening to your tenants with patience and understanding and resolving issues that are reasonably within your control will go a long way toward making your tenants feel heard and valued. 

About Rentals America      

Rentals America provides full-service property management for residential rental properties. Our team is wholly dedicated to property management, and we’re here to help landlords navigate the rental market.