North Carolina Complaint for Breach of Covenant of Quiet Enjoyment

State:
Multi-State
Control #:
US-01270BG
Format:
Word; 
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Instant download

Description

Quiet enjoyment refers to the right of an occupant of real property, particularly of a residence, to enjoy and use premises in peace and without interference. Quiet enjoyment is often an implied condition in a lease. Quiet is not restricted to an absence of noise; it has been interpreted as uninterrupted. Interference by the landlord may deprive the tenant of expectations under the lease.


This form is a generic example that may be referred to when preparing such a Complaint for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

North Carolina: Guests become tenants after occupying a property for 14 days. Ohio: Guests become tenants after occupying a property for 30 days. Pennsylvania: Guests become tenants after 30 days or after giving the landlord money to stay at the property.

State Laws: When a Guest Legally Becomes a Tenant StateRules on Guests Becoming TenantsNorth CarolinaGuests become tenants after 14 daysNorth DakotaNo official cutoff. Landlord must specify in lease if a guest or a tenantOhioGuests become tenants after 30 daysOklahomaNo official cutoff. Landlord must specify in lease46 more rows ?

The chief difference that exists between tenants and guests is that tenants are on the lease while the guests aren't. A tenant will be responsible for following the terms and conditions of a lease agreement, such as paying rent and taking care of their rented premises.

Specifically, the implied covenant of quiet enjoyment is the tenant's right to enjoy their rented spaces free from undue interruptions, noises, and nuisances. These nuisances and disturbances could be from the landlord, an agent, fellow tenants in the case of multi-rental properties, or rowdy neighbors.

Guests do not have these rights, and guests who refuse to leave the property may be removed either by the police or through a trespass warrant issued by a magistrate.

(5) ?Guest? means any natural person who has been given express or implied permission by a tenant, a member of the tenant's household, or another guest of the tenant to enter an individual rental unit or any portion of the entire premises.

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.

Under the right to quiet enjoyment law, if a landlord is in violation, you may sue her for money damages, which is your actual damages or 3 times your rent, whichever is more. A judge may also fine the landlord between $25-$300 per violation and put the landlord in jail for up to 6 months.

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North Carolina Complaint for Breach of Covenant of Quiet Enjoyment