Puerto Rico Complaint for Breach of Covenant of Quiet Enjoyment

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Multi-State
Control #:
US-01270BG
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Word; 
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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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  • Preview Complaint for Breach of Covenant of Quiet Enjoyment
  • Preview Complaint for Breach of Covenant of Quiet Enjoyment
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FAQ

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.

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.

The following are examples of disturbances to quiet enjoyment: Entering your tenant's rented premises without a prior notice. Going through your tenant's personal belongings without their permission. Failing to eliminate or minimize disruptions impacting your tenant's peace and quiet enjoyment.

Examples of a breach of quiet enjoyment Courts have determined a variety of complaints as a breach of the covenant. It can range from drifting cigarette smoke, to drug dealing neighbors, to an ongoing mold problem.

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.

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.

Quiet enjoyment is the right to inhabit or use certain property without disturbance. This term is most frequently used in property law, where the right to quiet enjoyment protects tenants from intrusions and guarantees certain basic necessities of a home.

Violations of Quiet Enjoyment Visiting too frequently. Entering the property without permission or notice. Refusing to give a tenant access to common areas or spaces on the residential premises. Preventing a tenant from having guests under reasonable circumstances.

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Puerto Rico Complaint for Breach of Covenant of Quiet Enjoyment