Arizona Fair Expression of the Covenant of Quiet Enjoyment

State:
Multi-State
Control #:
US-OL22024
Format:
Word; 
PDF
Instant download

Description

This office lease clause may duplicate the implied covenant of quiet enjoyment and achieve the same purposes stating that the tenant shall and may peacefully and quietly have, hold and enjoy the premises, for the specified term.

How to fill out Fair Expression Of The Covenant Of Quiet Enjoyment?

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FAQ

§ 33-1324(A)(1)); Maintain all appliances must be in working order (A.R.S. § 33-1324(A)(4)); and. Provide running water, reasonable amounts of hot water, and heating and air-conditioning when required by the weather (A.R.S.

Covenant of Quiet Enjoyment A commercial landlord has the duty to provide quite enjoyment of the premises to the tenant, which means that the landlord's title is not defective and the tenant's possession will not be disturbed.

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.

The Covenant of Quiet Enjoyment in Massachusetts 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.

Some jurisdictions have required that the breach amount to actual or constructive eviction. For example, where a landlord's construction activities cause dust, debris, and noise to force a tenant to evacuate their leased apartment, an action for breach of covenant of quiet enjoyment can be supported.

33-1321 - Security deposits. A. A landlord shall not demand or receive security, however denominated, including prepaid rent in an amount or value of more than one and one-half month's rent.

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.

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Arizona Fair Expression of the Covenant of Quiet Enjoyment