Is a Breach of Quiet Enjoyment A Breach Of Contract (rental agreement)?

Is a covenant of quiet enjoyment always applicable in a landlord/tenant relationship even if not specifically a provision of the written rental agreement? If a landlord's conduct breaches the covenant of quiet enjoyment in some way, does the tenant have a potential claim for breach of contract?

Sedona, AZ -

Attorney Answers (2)

Lonnie K McDowell

Lonnie K McDowell

Real Estate Attorney - Prescott Valley, AZ
Answered

Yes, but it must be a material (significant) breach, and you have to show what damages result from the breach.

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James R. Andrews II

James R. Andrews II

Real Estate Attorney - Chandler, AZ
Answered

If the rental agreement addresses a matter and it is not complied with by then it is a breach of quiet enjoyment. Their are breaches that are actionable and breaches that are not. To determine whether you need to write the LL a letter, pose the threat of breaking your lease and/or filing a suit, the nature and extent of the breach are important. In short, a breach of quiet enjoyment is a breach of an the implied agreement to quiet use and enjoyment. Contact a local attorney to discuss your matter further.

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