Contract Glossary
Covenant of Quiet Enjoyment
Definition
A landlord's promise that the tenant will be able to use and enjoy the leased property without unreasonable interference. Despite the name, it has nothing to do with noise, 'quiet' means 'undisturbed.' The covenant protects tenants from landlord actions that effectively make the property unusable, such as unauthorized entry, failing to maintain common areas, or allowing other tenants to interfere with the space.
In Practice
You lease office space and the landlord starts major construction on the floor directly above you, jackhammering during business hours, cutting off your HVAC for days at a time, and blocking your entrance with scaffolding. Even though the landlord owns the building, this likely violates the covenant of quiet enjoyment because it substantially interferes with your ability to use the space for its intended purpose. You could withhold rent, terminate the lease, or sue for damages depending on your jurisdiction and the severity of the disruption.
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