This office lease clause may duplicate the implied covenant of quiet enjoyment and achieve the same purposes stating that the tenant shall and may peacefully and quietly have, hold and enjoy the premises, for the specified term.
South Dakota's Fair Expression of the Covenant of Quiet Enjoyment ensures that tenants have the right to peacefully enjoy their leased premises without interference or disturbance from the landlord or other tenants. This legal protection aims to provide a secure and comfortable living environment for tenants across the state. Under this covenant, landlords are obligated to respect their tenants' rights to quiet enjoyment throughout the duration of their lease agreements. Landlords must refrain from any actions or omissions that would disrupt the peaceful enjoyment of the rented property by the tenant. This includes preventing any interference that could disturb the tenant's peace, comfort, or privacy. South Dakota's Fair Expression of the Covenant of Quiet Enjoyment is available for all types of properties, including residential, commercial, and agricultural. It protects tenants from various disturbances, such as excessive noise, unlawful entry by the landlord or other tenants, inadequate maintenance leading to health hazards, and any form of harassment or intimidation. In addition to the general application of the covenant across all types of leased properties, there may be specific provisions or regulations in place for different property types. For example, residential leases may have specific rules regarding the use of common areas, pet policies, and noise restrictions. Commercial leases, on the other hand, may contain provisions related to business operations, signage, or shared spaces. Landlords who breach the covenant of quiet enjoyment may be liable for legal consequences and potential damages. Tenants have the right to take legal action against their landlords if they believe their peaceable enjoyment of the leased premises has been disrupted. In such cases, tenants can seek remedies such as rent reductions, lease termination, or compensation for any inconvenience or damages suffered. Overall, South Dakota's Fair Expression of the Covenant of Quiet Enjoyment ensures that tenants can live and operate their businesses with peace of mind, knowing that their rights to a tranquil and undisturbed occupancy are protected under the law.
