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". A tenant's remedies for breach of his/her quiet enjoyment are damages and injunction.
Quiet enjoyment is a common law concept, which case law has given its definition. Even without rising to the level of a constructive eviction and requiring the tenant to vacate the premises, such interferences may deprive the tenant of expectations under the lease and reduce the value of the lease, requiring an award of compensatory damages.
New York Joint Tenants with Rights of Survivorship (TWOS) is a legal arrangement in which multiple individuals, known as joint tenants, hold equal interests in a property. This type of property ownership offers the advantage of automatic transfer of the deceased's share to the surviving joint tenant(s) upon death, without the need for probate. In New York, there are primarily two types of joint tenancy: 1. Joint Tenancy with Rights of Survivorship: In this type of joint tenancy, each co-owner holds an equal share of the property. When a joint tenant passes away, their share automatically transfers to the surviving joint tenants, regardless of any provisions stated in their will. The key feature of TWOS is the right of survivorship, enabling the surviving tenant(s) to gain sole ownership of the property. 2. Tenancy by the Entirety: This form of joint tenancy is specifically available to married couples. The property is considered as a "whole" rather than individual shares, and each spouse has the right to the entire property. In the case of death of one spouse, the surviving spouse becomes the sole owner of the property. TWOS carries several benefits, including: 1. Avoidance of Probate: One significant advantage of joint tenancy is that it allows for easy transfer of ownership without going through probate court. This can save time, effort, and money in managing the deceased's estate. 2. Right of Survivorship: The right of survivorship ensures the seamless transfer of ownership upon the death of a joint tenant. The property immediately passes to the surviving joint tenant(s) without the need for a will or probate process. 3. Protection Against Creditors: In New York, joint tenancy offers some protection against the creditors of individual joint tenants. If one tenant faces financial issues, their creditors typically cannot place a lien on the entire property. It is essential to consult with an experienced attorney when considering New York joint tenants with rights of survivorship. They can guide you through the legal requirements, potential implications, and ensure that the property ownership aligns with your specific needs and goals. In summary, New York joint tenants with rights of survivorship is a legal arrangement where co-owners hold equal shares in a property, allowing for automatic transfer of ownership to surviving tenants upon death. This type of tenancy offers benefits such as probate avoidance, right of survivorship, and creditor protection. However, it is important to seek professional guidance to fully understand the implications and determine if it is the most suitable option for your circumstances.
