New York Complaint for Breach of Covenant of Quiet Enjoyment

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US-01270BG
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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

227 - When Tenant May Surrender Premises. 227-A - Termination of Residential Lease by Senior Citizens or Individuals With a Disability Moving to a Residence of a Family Member or Entering Certain Health Care Facilities, Adult Care Facilities or Housing Projects.

The Right To Quiet Enjoyment ing to federal law, all legal tenants possess what is known as the ?Right To Quiet Enjoyment.? This, by definition, means ?A property owner or tenant's right to own and use their property without disturbance, including by a person with the superior title.

Which of the following best describes a tenant's right to quiet enjoyment? A tenant has the right to enjoy lawful use of the property without being dispossessed or trespassed upon, even by the landlord.

New York has a law called the "Warranty of Habitability" (Real Property Law 235-b). "Warranty" means promise. "Habitable" means that the rental unit is a safe and decent place to live. Any landlord who rents you a place to live must keep it in safe and decent condition, and must do needed repairs.

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.

However, if landlords restrict a tenant's use unreasonably, it may constitute a breach of quiet enjoyment. Absence of Basic Services ? When utilities are included, or the landlord is responsible for payment and fails to do so, this is a major issue.

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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New York Complaint for Breach of Covenant of Quiet Enjoyment