Civil Code 1927, Tenant Right to Quiet Enjoyment in California

 

California Civil Code 1927 states:

An agreement to let upon hire binds the letter to secure to the hirer the quiet possession of the thing hired during the term of the hiring, against all persons lawfully claiming the same.

In other words, implied in every rental agreement, there is an obligation by the landlord to provide the tenant with “quiet enjoyment” and not to disturb the tenant. A landlord who does not provide the tenant with quiet enjoyment under Civil Code 1927 subjects himself to liability.

To establish the landlord’s breach of quiet enjoyment, the tenant must be able to show substantial interference. Mere inconveniences or annoyances are insufficient.

If the landlord breaches the duty to provide quiet enjoyment to the tenant under Civil Code 1927, the tenant may be able to:

  • Bring an action for breach of contract against the landlord
  • Exercise remedies found in Civil Code 1940.2
  • Seek injunctive relief to force the landlord to stop whatever he is doing
  • Raise the landlord’s breach of quiet enjoyment as a defense to an action for unlawful detainer if the landlord sues for possession

There may be other remedies available to tenants if the landlord breaches the implied covenant of quiet enjoyment under Civil Code 1927. Contact an attorney to review your case.

For help with an eviction case in California, contact the Law Office of David Piotrowski today at (877) 875-6958.

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