Real Estate Attorneys Guiding Residents of Boston
When you take title to a new home, you expect that you will be able to enjoy the use of your home. If something goes wrong, you may assume that you have the ability to hold somebody else, such as the person who sold you the property, responsible. However, this is not always the case. The covenant of quiet enjoyment is an express promise that must be included in the deed that transfers title to a home. It is not a promise that can simply be inferred from the transfer of title. At Pulgini & Norton, our Boston real estate lawyers can help you understand the scope of your obligations and rights when buying or selling a home.
The Covenant of Quiet Enjoyment in Massachusetts
Covenants are promises to do something or refrain from doing something. Covenants of quiet enjoyment are found in both tenancy and real estate law. In both contexts, quiet enjoyment is the right to use and enjoy real property (by either a tenant or landowner) without interference from others. In the context of real estate law, the covenant of quiet enjoyment, if it exists, is found in the deed transferring title from the person who has title (the "grantor") to the person to whom title is being transferred (the "grantee"). In contrast, a covenant of quiet enjoyment is read into tenancy agreements between landlords and tenants.
A covenant of quiet enjoyment is considered a future covenant. Generally, when a seller provides a deed to a home to someone else, the seller does not retain control over the property. If the covenant of quiet enjoyment is included in the deed, it is in essence a warranty that the title of the land will be good against any hostile claims, such as liens, mortgages, or easem*nts, by third parties against it. In connection with this covenant, the covenant of further assurances can help strengthen a covenant of quiet enjoyment because it means that the grantor is promising to defend the grantee in case a hostile claim is made against the grantee's title to real estate that arises from events that occurred some time before title was transferred.
In Massachusetts, a warranty deed includes a covenant of quiet enjoyment. The warranty deed transfers ownership and also makes multiple express promises, such as the promise that the grantor holds good title. For a buyer, this is the best type of deed to get. In contrast, a release deed does not include any specific covenants and does not warrant that a buyer will be able to enjoy title without any claims being brought against it. A release deed simply says that the grantor is giving whatever interest he or she has in the property, but no promises are made about the state of title. Often, release deeds are used to transfer property between divorcing spouses or in more informal transactions between family members.
Contact an Experienced Real Estate Lawyer in the Boston Area
The type of deed conveyed in a real estate transaction often determines which promises a grantor is making to a grantee. It can be difficult for laypeople on either side of a property transaction to fully understand the scope of their obligations or rights. Our experienced Boston real estate attorneys can help you negotiate a deed that includes a covenant of quiet enjoyment or other promises. Our firm also advises and represents buyers, sellers, and lenders in Cambridge, Somerville, New Bedford, and other cities in Massachusetts. Call us at 781-843-2200 or contact us via our online form for a free consultation with a property transactions attorney.
FAQs
Violations of Quiet Enjoyment
Visiting too frequently. Entering the property without permission or notice. Refusing to give a tenant access to common areas or spaces on the residential premises. Preventing a tenant from having guests under reasonable circ*mstances.
What is a covenant of quiet enjoyment letter? ›
The covenant of quiet enjoyment states that a tenant has the right to enjoy his or her rental unit without “substantial interference” from the landlord. It ensures that tenants benefit from the full use and enjoyment of their rental unit.
What is the breach of implied covenant of quiet enjoyment in California? ›
This means that the tenant leasing the property has the right to use and enjoy that property without unreasonable interference from the owner or landlord. When a landlord invades your privacy or causes constant disturbances, this violates the covenant of quiet enjoyment.
What constitutes a breach of quiet enjoyment in Massachusetts? ›
Tenants in Massachusetts have a right to use and enjoy the premises which they rent or lease. When a landlord does something either willfully or by omission that interferes with the tenant's ability to use and enjoy their apartment, the tenant is in violation of the tenant's right to use and enjoy the premises.
What is an example of a quiet enjoyment clause? ›
If Tenant shall perform all of the covenants and agreements herein required to be performed by Tenant, Tenant shall, subject to the terms of this Lease, at all times during the Lease Term, have peaceful and quiet enjoyment of the Premises against any person claiming by, through or under Landlord.
Which of these guarantees is offered by the covenant of quiet enjoyment? ›
A covenant of quiet enjoyment guarantees that a tenant will not be disturbed in their possession of leased property by the landlord or any third person. 2. If the covenant of quiet enjoyment is breached, the tenant can sue the landlord for damages.
What is a tenant's right to be free of annoyance from noisy neighbors? ›
In most cases, courts will uphold a renter's right to quiet enjoyment even if it is not mentioned in the lease agreement. Renters and landlords can turn to their state laws for specific information about the covenant of quiet enjoyment, including legal or financial consequences for failing to uphold the covenant.
What constitutes a breach of quiet enjoyment in NYC? ›
However, if landlords restrict a tenant's use unreasonably, it may constitute a breach of quiet enjoyment. Absence of Basic Services – When utilities are included, or the landlord is responsible for payment and fails to do so, this is a major issue.
What are the six covenants in a deed? ›
There are up to six express covenants that may be found in a deed: the covenant of seisin, the covenant of the right to convey, the covenant against encumbrances, the covenant of quiet enjoyment, the covenant of general warranty, and the covenant of further assurances.
What is the implied covenant of peaceful enjoyment? ›
In property law, the covenant of quiet enjoyment is an implied term in every lease that the tenant shall have quiet and peaceful possession of the leased premises against the lessor. The covenant ensures that the landlord is bound to refrain from action which interrupts the tenant's beneficial enjoyment.
QUIET POSSESSION Definition & Legal Meaning
It means with no interference from another party. Each sale carries the implication that it can be owned without any interference.
What is the quiet enjoyment clause law insider? ›
Provided Tenant has performed all of its obligations hereunder, Tenant shall peaceably and quietly hold and enjoy the Premises for the Term, without hindrance from Landlord or any party claiming by, through, or under Landlord, but not otherwise, subject to the terms and conditions of this Lease.
What is a quiet enjoyment letter to a landlord? ›
means that I have the right to be free from interference in using and enjoying my home during the time that I am living here. I request that you refrain from any further actions that interfere with my quiet use and enjoyment.
What is promised in the covenant of quiet enjoyment quizlet? ›
The covenant of quiet enjoyment promises that the grantee won't be disturbed by a title defect the grantor passes on. The covenant for further assurances assures the grantee that there are no undisclosed encumbrances on the property.
Can I sue my landlord for negligence in Massachusetts? ›
In Massachusetts there are three ways a residential landlord can be liable to a tenant for personal injuries caused by defects in rented premises: negligence, breach of the warranty of habitability and breach of the covenant of quiet enjoyment.
What constitutes a breach of quiet enjoyment in Texas? ›
Covenant of "Quiet Enjoyment"
This covenant prevents a landlord from disturbing their tenants. It also makes the landlord responsible for other tenants who create disturbances. It does not, however, make a landlord responsible for disturbances by strangers or people who do not also rent from them.
What constitutes a breach of quiet enjoyment in Florida? ›
A breach of the quiet enjoyment covenant occurs when a landlord's actions — or inactions — substantially interfere with a tenant's right to use and enjoy their rented property. This covenant is implicit in most lease agreements, even if not explicitly stated, and is protected under landlord-tenant law.
What constitutes a breach of quiet enjoyment in New Jersey? ›
“any act or omission of landlord . . . which renders the premises substantially unsuitable for the purpose for which they are leased, or which seriously interferes with the beneficial enjoyment of the premises is a breach of the covenant of quiet enjoyment and constitutes a constructive eviction of the tenant.”
Real Estate Attorneys Guiding Residents of Boston