Implied Covenant of Quiet Enjoyment

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If you are leasing a house or apartment, your landlord or property manager should not be showing up unannounced. Once a valid lease has been executed, the lessor (landlord) and lesee (tenant) are bound by the terms of the agreement as well as the implied covenant of quiet enjoyment (implied by the law). Quiet enjoyment is the right of the lessee to use the premises free of disturbences and interference by the landlord or third parties. The most basic example of quiet enjoyment is that your landlord should not be showing up at or entering your apartment unreasonably. In fact, landlords or third parties may only enter your apartment at reasonable times and upon reasonable notice. Specifcally, they should only need to enter your apartment for the following reasons:

  • To show the apartment to prospective tenants, purchasers, lenders or their agents; 
  • To inspect the premises; 
  • To make repairs; 
  • To inspect within 30 days of the end of the tenancy to determine damages to be deducted from the security deposit; 
  • If the premises appear to be abandoned; or 
  • Pursuant to Court order

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