West Virginia Quiet Enjoyment Clause

State:
Multi-State
Control #:
US-OL22021
Format:
Word; 
PDF
Instant download

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.

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FAQ

Primary tabs. 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 premises against the lessor. The covenant ensures that the landlord is bound to refrain from action which interrupts the tenant's beneficial enjoyment.

A covenant by a lessor "for the lessee's quiet enjoyment of his term" shall have the same effect as a covenant that the lessee, or the lessee's personal representative or lawful assigns, paying the rent reserved and performing his covenants, shall peaceably possess and enjoy the demised premises, for the term granted, ...

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.

Primary tabs. 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 premises against the lessor. The covenant ensures that the landlord is bound to refrain from action which interrupts the tenant's beneficial enjoyment.

§37-6-30. Landlord to deliver premises; duty to maintain premises in fit and habitable condition.

State law prohibits landlords from entering rental housing without either the consent of the tenant or providing reasonable notice in advance, unless circumstances require the landlord to perform emergency repairs.

By law, a tenant has a right to the ?quiet enjoyment? of the rental property, which means the right to inhabit peacefully the home without undue interference from the landlord. Once the term of the lease has begun, the landlord ceases to have a right to enter the property unannounced.

A Quiet Title action is a cause of action in Virginia and North Carolina whereby someone is requesting the Court to declare rightful, legal property ownership of a piece of real property. A quiet title action is a legal cause of action used to resolve disputes and establish a clear and marketable title to a property.

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West Virginia Quiet Enjoyment Clause