As a commercial tenant, there are hundreds of ways for your lease to go sideways. Unfortunately, sometimes your lease becomes compromised because of the actions of your landlord. The law recognizes a complex and ill-defined concept known as quiet enjoyment, which is a right that all tenants can claim, even if it is not expressly noted in a lease. The much trickier part is determining if your situation qualifies as a violation of quiet enjoyment, and how you should pursue justice in the matter.
In basic terms (and it is worth noting that not all courts view the matter the same way), the right to quiet enjoyment essentially means that you, as the lessee, have the right to not face interference with your everyday operation from your landlord. There are ways that a landlord may interact with the property underlying the lease that, although legal, may interfere with your right to enjoy the lease you are in. Often, the claim is made in conjunction with constructive eviction.
Essentially, it is a sort of claim that is often made when there is significant conflict between a landlord and tenant, often when it comes to adjustments in rent, but the tenant cannot identify an actual violation of the contract. Some attorneys are prone to use quiet enjoyment as a cover-all complaint either replacing or supplementing other complaints against a landlord.
If you’re wondering if your lease conflict may justify a quiet enjoyment claim, the best thing to do is consult with an experienced real estate attorney who is familiar with the nuances of the law and the way that it is expressed in the market where you operate. With proper legal guidance, you can pursue fair treatment in your lease and protect your rights.
Source: findlaw, “Quiet Enjoyment in Commercial Leases: What is it? Where is it going?,” accessed Feb. 08, 2017
