Under California Civil Code Section 1927, every rental agreement in California contains the landlord’s implied covenant of quiet enjoyment. The implied covenant of quiet enjoyment protects tenants from having the landlord disturb the tenant’s peaceful possession of the property. The implied covenant of quiet enjoyment is not limited to just the landlord. The landlord may also be liable for a breach of the implied warranty of habitability if he or she does not take reasonable action to stop a neighbor’s interference.
A breach of the implied covenant of quiet enjoyment may be found where a landlord abuses his or her right to enter the unit. In addition, an eviction case brought in bad faith might also represent a breach of the implied covenant of quiet enjoyment. The ultimate decision on whether or not the landlord breached the implied covenant of quiet enjoyment will depend on the facts of the particular case.
The Law Office of David Piotrowski represents landlords throughout southern California and can assist with a tenant eviction.
Read Attorney Piotrowski’s “Landlord Best Practices and Eviction Overview” book.