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 South Dakota Quiet Enjoyment Clause is an essential aspect of residential rental agreements aimed at protecting tenants' rights and ensuring undisturbed occupancy of their rented premises. This clause guarantees that tenants have the right to peaceful and uninterrupted use and enjoyment of their leased property without interference from the landlord or other tenants. There are various types of South Dakota Quiet Enjoyment Clauses, depending on the specific terms and conditions stated in the rental agreement. Some common variations include: 1. General Quiet Enjoyment Clause: This is a standard provision found in most rental agreements, explicitly stating that the landlord guarantees the tenant's right to quiet enjoyment of the rented property. 2. Implied Quiet Enjoyment Clause: In South Dakota, residential tenancies automatically include an implied covenant of quiet enjoyment. This means that even if not explicitly mentioned, the landlord must provide the tenant with undisturbed and peaceful use of the premises. 3. Noise-related Disturbance Clause: This type of clause emphasizes the tenant's right to a noise-free environment. It specifies that the landlord will take appropriate measures to address excessive noise caused by other tenants or external sources, ensuring the tenant's peaceful habitation. 4. Maintenance and Repairs Clause: This clause outlines the landlord's responsibility to maintain the property, ensuring that any necessary repairs or maintenance do not disrupt the tenant's quiet enjoyment. It often includes specific timeframes for completing repairs or renovations to prevent prolonged disturbances. 5. Non-Discrimination Clause: This clause aims to protect tenants from being disturbed or harassed based on their race, religion, nationality, gender, or other protected characteristics. It prohibits discriminatory actions by the landlord or other tenants that may disrupt the tenant's quiet enjoyment of the rented property. 6. Entry and Privacy Clause: This provision governs the landlord's right to access the rental property and outlines the permissible reasons for entry. It ensures that the landlord cannot excessively or unreasonably invade the tenant's privacy, thus enabling the tenant's quiet enjoyment of the premises. Understanding the South Dakota Quiet Enjoyment Clause is vital for both landlords and tenants as it serves as a legal safeguard against disturbances or violations that may disrupt a tenant's peaceful stay. It is advisable for both parties to carefully read and comprehend this clause within the rental agreement to ensure a harmonious and conflict-free tenancy.
