New York Quiet Enjoyment Clause

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Multi-State
Control #:
US-OL22021
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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.

The New York Quiet Enjoyment Clause is a crucial aspect of tenancy agreements in the state of New York, providing tenants with certain rights and protections regarding their peaceful possession and enjoyment of their rental property. This clause safeguards tenants against any interference from the landlord that may disrupt their quiet and peaceful enjoyment of the premises. Implementing this provision in a lease agreement helps to establish a harmonious tenant-landlord relationship, ensuring a conducive living environment for tenants. One type of New York Quiet Enjoyment Clause is the Implied Covenant of Quiet Enjoyment. This clause is automatically implied in all residential leases in New York, even if it is not explicitly stated in the agreement. It grants tenants the freedom to live in their rented property without unreasonable disturbances, encroachments, or intrusions from the landlord or other tenants. The Implied Covenant of Quiet Enjoyment protects tenants' rights to privacy and peacefulness, safeguarding them against actions such as unauthorized entry, repeated disruptions, or harassment. Another type of Quiet Enjoyment Clause is the Explicit Covenant of Quiet Enjoyment. This clause is typically included as a specific provision in the lease agreement to reinforce and emphasize the tenant's rights and the landlord's responsibilities. It outlines in more detail the precise obligations of the landlord pertaining to the preservation of a quiet and peaceful living environment. This explicit inclusion strengthens the tenant's legal standing in case of any breaches by the landlord, as it provides a clear contractual agreement between both parties. The New York Quiet Enjoyment Clause is critical in providing tenants with a peaceful and secure living environment. It serves as a legal remedy for tenants to address any disturbances or violations made by the landlord that affect their quiet enjoyment of the rented property. By including this clause in tenancy agreements, landlords are encouraged to respect tenants' rights, maintain the premises appropriately, and promptly address any issues that may arise. The Quiet Enjoyment Clause provides a fair and balanced framework for tenant-landlord relationships, ensuring that both parties are aware of their rights and responsibilities, ultimately fostering a positive rental experience.

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FAQ

SECTION 227-a OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK ALLOWS FOR THE TERMINATION OF A RESIDENTIAL LEASE BY SENIOR CITIZENS MOVING TO A RESIDENCE OF A FAMILY MEMBER OR ENTERING CERTAIN HEALTH CARE FACILITIES, ADULT CARE FACILITIES OR HOUSING PROJECTS. Who is eligible?

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.

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.

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.

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.

Tenants in New York cannot be denied based on past legal conflicts with a landlord (for example, if they have previously sued a landlord). Landlords in New York are also not allowed to charge any additional fees for the processing, review, or acceptance of an application.

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.

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Mar 11, 2001 — ''The term basically means that the landlord is assuring you that he has the power to give you a valid lease for your apartment and that some ... Jan 23, 2022 — “Quiet enjoyment” essentially means a peaceful use of the property by the tenant/lessee of the leased premises as long as the tenant/lessee pays ...Jun 15, 2023 — Broken down, the covenant of quiet enjoyment promises that individuals can reside in a property peacefully, without undue disturbance from ... Mar 19, 2021 — According to Nolo, quiet enjoyment is “The right of a property owner or tenant to enjoy his or her property without interference. Disruption of ... LL or his agent cannot willfully and intentionally interfere with T's “quiet enjoyment” (i.e., peaceful possession) of premises. Penalty: criminal violation. 13 ... Oct 13, 2021 — This law allows you to live in a rental property peacefully and without disturbance. Your landlord violates your request for quiet enjoyment if, ... Aug 20, 2019 — Decide For Yourself ... When you're not sure whether or not a tenant's right to quiet enjoyment is being infringed upon, ask yourself this: Would ... 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 ... Apr 6, 2020 — The statute provides that its protections apply to any event not caused by the tenant that renders the premises “untenantable,” and, as set ... Quiet enjoyment can include the right to exclude others from the premises, the right to peace and quiet, the right to a habitable premises, the right to basic ...

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New York Quiet Enjoyment Clause