North Carolina Quiet Enjoyment Clause

State:
Multi-State
Control #:
US-OL22021
Format:
Word; 
PDF
Instant download

Description

This office lease form states that the landlord covenants and agrees with the tenant that upon the tenant paying rent and performing all the terms and covenants, the tenant may peacefully and quietly enjoy the premises, free from any interference by the landlord, or anybody claiming rights by or through or him.

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FAQ

The landlord is not allowed to interfere with the tenants ?covenant of quiet enjoyment?. Anything that interferes with their quiet enjoyment such as coming onto the premises unannounced or without the tenant's consent can be justified as punishable.

In North Carolina, there is no specific law on landlords' right to access the property. It means that landlords may enter the property without prior notice if they have justifiable reasons to do so. In emergency situations, landlords may enter without tenants' permission.

Examples of a landlord's violation of the covenant of quiet enjoyment include: frequent entry into the rental without notice, failure to control disruptive noise throughout the complex, and forbidding the tenant from having guests that are non-tenants.

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.

What Is the Right of Quiet Enjoyment in Pennsylvania? The Right of Quiet Enjoyment states that every lease includes an implicit promise that the landlord won't unreasonably interfere with a tenant's right to possess the leased property.

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.

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North Carolina Quiet Enjoyment Clause