Kansas Fair Expression of the Covenant of Quiet Enjoyment

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

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.

Example Quiet Hours Lease Verbiage These quiet hours shall be in effect 24 hours a day, 7 days a week, 365 days per year. During these times, tenants agree not to: Operate stereos, radios, televisions, and musical instruments in a manner that disturbs other tenants or neighbors.

So long as Tenant is not in Default under this Lease, Tenant shall, subject to the terms of this Lease, at all times during the Term, have peaceful and quiet enjoyment of the Premises against any person claiming by, through or under Landlord.

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.

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 make a landlord responsible for disturbances by strangers or people who do not also rent from them.

Each tenant has a given right to quiet enjoyment in his abode. Under the law, this is an additional requirement for landlords in conjunction with keeping the rental property habitable. Quiet enjoyment means a tenant can peacefully stay without being subjected to incessant noise.

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.

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Kansas Fair Expression of the Covenant of Quiet Enjoyment