California Civil Code Section 1927 says that every rental agreement contains the landlord’s implied duty to provide the tenant with quiet enjoyment. This is in every rental contract, even if the contract is silent and does not mention the term “quiet enjoyment.”
Examples of what might be considered a breach of the tenant’s quiet enjoyment include:
- If the landlord was to lease part of the same property to someone else
- If the landlord was to renovate an adjacent property in such a way that the leased property became uninhabitable
- If the landlord continually abuses the right to enter the property
The right to quiet enjoyment in California protects tenants against acts or omissions of the landlord that substantially interferes with the tenant’s use and enjoyment of the property. In fact, the breach need not be by the landlord. If the problem arises from a neighbor and the landlord does nothing to fix the problem, then the landlord may be liable for breaching the covenant of quiet enjoyment.
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.