Key Takeaways

• Tenants have a legal right to peace and quiet in their rental home, protected by the implied covenant of quiet enjoyment—this applies automatically, even if not stated in the lease.
• Landlords can breach this right by actions like unauthorized entry, neglecting repairs, failing to provide essential services, ignoring noise complaints, or harassing tenants.
• Violating this covenant can lead to serious consequences, including legal action, financial penalties, and tenants ending the lease without penalty.

What Is the “Implied Covenant of Quiet Enjoyment”?

Tenants have a right to live in peace and quiet after establishing a lease with a landlord. As a landlord, it’s your responsibility to guarantee your tenants this right after they move in.
However, without understanding the core principles of the “implied covenant of quiet enjoyment,” you may find yourself contravening this important tenant right.
With that said, here’s everything to know when it comes to the “implied covenant of quiet enjoyment.” In this blog, Nelson Property Management is here to explain examples of possible violations, and what can happen if it is breached.

What Does The “Implied Covenant Of Quiet Enjoyment” Mean?

This is a legal term that requires landlords to provide tenants with a peaceful and quiet living space. In addition, it also guarantees tenants the right to live in a rental property peacefully and without external interference or disturbance from neighbors, the landlord, or the landlord’s agent.
As a landlord, understanding your legal obligations in this regard is key to a smooth experience. It automatically applies in a tenancy situation, whether or not it’s included in the lease.

What Are Some Examples of Common Violations to the Implied Covenant of Quiet Enjoyment?

As a landlord, you can inadvertently violate the covenant of quiet enjoyment in multiple ways if you’re not careful. The following are some possible scenarios.

Entering the Tenant’s Rented Unit Without a Legitimate Reason

As a landlord, you have a right to enter your tenant’s rented premises to perform certain duties. However, just because you own the property doesn’t mean you can enter for whatever reason.

You cannot just enter your tenant’s rented unit for whatever reason. You must have a legitimate reason for entry. Common reasons for landlord entry include emergencies, repairs and maintenance, inspections, and showing the property to interested tenants or buyers.

Entering a Tenant’s Rented Unit Without Notifying Them in Advance

This is another way in which a landlord can violate the implied covenant of quiet enjoyment. In addition to having a legitimate reason for entry, landlords must also provide tenants with an advance notice.
Generally speaking, most states require landlords to provide their tenants with an advance notice of at least one day. The only exception to providing an advance notice is if you’re responding to an emergency.

Neglecting Requested Repairs

Has your tenant notified you of needed repairs? If so, as a landlord, you have a legal responsibility to ensure the tenant lives in a healthy and safe environment.
Among other things, the home must have running water, adequate weatherproofing, and working electrical and plumbing systems. You must also make any necessary repairs to ensure these systems continue to work.
Most states specify the minimum advance notice requirements for repairs that tenants must provide landlords with. In Michigan, for instance, landlords must make repairs within a “reasonable time” after getting written notice from tenants.

If you fail to do so, the tenant may be able to exercise certain legal rights. Including, suing for costs, breaking the lease early, or fixing the repairs and deducting the cost from future rent payments.

Failing to Provide Essential Services

As part of providing a tenant with a habitable rental property, you must ensure they have certain essential services. Including, running water, heating, and working electrical and plumbing systems.
If you fail to provide these services for a prolonged period, it may be considered a breach of the covenant.

Not Addressing Nuisance

As a landlord, the implied warranty of quiet enjoyment also requires you to resolve noise issues promptly. This is because certain types of noises can significantly interfere with a tenant’s peace and quiet.
The following are some examples of such noises:

• Loud and prolonged disturbances, such as loud parties or persistent shouting or yelling.
• Disturbances during quiet hours.
• Noises arising from renovations or maintenance work at unreasonable hours.
• Uncontrolled parties or gatherings.
• Excessive pet noises.
  You must address these, especially if they occur repeatedly. Our property managers at Nelson Property Management are trained to handle these requests promptly and professionally. Get in touch today!

  Trying to Evict a Tenant Constructively

  Constructive eviction occurs when a landlord takes unlawful actions that significantly interfere with a tenant’s use of their rented premises. And among these unlawful actions is trying to force a tenant out of your rental property by doing things like:

• Failing to provide the tenant with essential services. Such as, running water, crucial utilities, or air conditioning during extreme weather conditions.
• Not addressing uninhabitable conditions. Examples include dangerous mold growth, severe pest infestations, or structural issues like a collapsing roof.
• Entering the unit repeatedly and without proper notice or a legitimate reason.
  If you do any of these things, you’d be violating the tenant’s peace and quiet. And the tenant may be able to exercise certain legal rights, including ending their lease early and moving out without penalty. The tenant can also sue you for violating their privacy rights.

  Harassing the Tenant

  Landlord harassment against a tenant is also a no-no. Examples include illegal changing of locks, illegal entry, and cutting off utilities. Others include withholding repairs, verbal threats, and unjustified rent increments.
  
  Landlord retaliation also constitutes a breach of quiet enjoyment. You cannot, for instance, try to evict a tenant because they exercised a legal right. Such as, joining a tenants’ advocacy group, or reporting you to a local government agency for uninhabitability reasons.

  What Is the Penalty for Breaching the Implied Covenant of Quiet Enjoyment?

  The penalties for violating a tenant’s peace and quiet can be costly to your bottom line. The tenant can move out without penalty, or sue you for violating their privacy rights, among other penalties. That’s why understanding your legal obligations as a landlord is key to a stress-free experience.

  Conclusion

  Your journey to being a successful landlord begins with knowing your legal obligations. And part of this entails knowing the covenant of quiet enjoyment. Luckily for you, this blog has provided you with all the important basics you should know.
  If you have a question or need expert property management help in any or all aspects, don’t hesitate to get in touch with Nelson Property Management. We’re a one-stop shop for all your property management needs in Metro Detroit, MI. Get in touch to learn more!