What Is the “Implied Covenant of Quiet Enjoyment”

What Is the “Implied Covenant of Quiet Enjoyment”

It is vital for landlords to have an in-depth understanding of landlord-tenant laws. Maintaining a good working relationship with your tenants requires adhering to local rental laws, such as those pertaining to security deposits or the Fair Housing Act.

Landlords must be aware of the legal term “implied covenant of quiet enjoyment”. This is one of the essential rights that tenants have. Breaking this agreement could have negative implications on your relationship with your tenants as well as legal ramifications.

To help you avoid this, the experts at Home Choice Property Management have put together this blog post. Let’s examine what the “implied covenant of quiet enjoyment” means!

What Is the “Implied Covenant of Quiet Enjoyment”?

In legal jargon, “covenant” refers to an implicit or explicit promise to perform or refrain from a specific activity. Most lease agreements contain the implied covenant of quiet enjoyment, even in situations where it isn’t expressly mentioned in the agreement.

Landlords are not permitted to request that tenants give up their right to enjoy the rented property in peace, even if it is implied. This implied covenant is intended to protect tenants’ rights to live in peace and quiet, free from disturbances or other commotion from other tenants, the landlord, or even the neighbors. But what does “quiet enjoyment” actually mean?

This concept encompasses several rights, including:

  • Tranquility Entitlement: Tenants possess the right to dwell without disturbances that disrupt their peace, whether stemming from their landlord, neighbors, or fellow tenants.


  • Privacy Assurance: Tenants have the right to absolute privacy within their leased premises. Landlords must give prior notice before entering, unless in urgent situations.
  • Timely Maintenance Guarantee: Landlords are obligated to uphold rental units in a safe, habitable state, promptly addressing maintenance issues to uphold tenants’ living standards.
  • Secure Living Environment: Tenants are entitled to reside in premises with adequate security measures. Landlords must provide essentials like functional locks, sufficient outdoor lighting, and sturdy doors.
  • Protection from Harassment: Tenants have the right to freedom from harassment by landlords, neighbors, or fellow tenants. Such harassment may warrant early termination of the lease.

While it’s not typical, some landlords add a particular covenant of peaceful enjoyment in their lease agreements. You can build a closer relationship with your tenants by showing them that you care about protecting their rights. It may be possible to avoid misunderstandings and potential legal problems by informing the tenant of their rights and your obligations.

Typical Violations of the Implied Quiet Enjoyment Covenant

Entering the rental property for an inspection or an emergency repair, or just showing up at the tenant’s door to collect past-due rent, does not infringe on their right to quiet enjoyment.


Nor do regular sounds from other tenants or neighbors, nor does noise from wildlife. However, the following actions are thought to be against the implied covenant of quiet enjoyment and could have dire consequences.

  • Unauthorized Entry: Except in cases of emergency, landlords are legally required in most states to provide at least 24 hours’ notice before entering the property. It’s your responsibility as a landlord to diligently adhere to this rule and obtain your tenant’s consent before making any alterations to the property.
  • Neglecting Complaints: Tenants’ right to peaceful habitation is protected by the implied covenant of quiet enjoyment. Failure to address noise complaints and disturbances can detrimentally impact tenants’ living conditions. Therefore, landlords should promptly and appropriately respond to noise concerns.
  • Lack of Maintenance: Failure to perform necessary repairs or upkeep on schedule can disrupt tenants’ peaceful enjoyment of the rental property. To comply with regulations and ensure tenant satisfaction, landlords must consistently maintain their properties.
  • Neglecting Common Areas: Landlords typically bear responsibility for maintaining common areas such as hallways, stairwells, and shared facilities. Neglecting these areas can disrupt tenants’ peaceful enjoyment of the rental property.
  • Environmental Hazards: Landlords must ensure that rental properties are free from environmental hazards that could jeopardize tenants’ health or safety. This includes promptly and effectively addressing issues such as mold, asbestos, lead paint, or pest infestations.


  • Privacy Violations: Tenants have a right to privacy under the covenant of quiet enjoyment. Landlords should uphold this right by safeguarding tenants’ personal information, respecting their time, and protecting their belongings.

Bottom Line

​​Landlords must be aware of landlord-tenant laws in order to uphold both legal compliance and good relations with tenants. The “Implied Covenant of Quiet Enjoyment” protects the right of tenants to live in peace.

Landlords are required to maintain a secure atmosphere, immediately attend to maintenance issues, and protect the privacy of their tenants. Unauthorized entry, disregarding maintenance or complaints, and neglecting to maintain shared spaces or handle environmental concerns are examples of breaches.

To manage these intricacies and preserve amicable landlord-tenant relations, landlords should seek support from experts such as Home Choice Property Management. To find out how we can help you, get in touch with Home Choice Property Management today!