What Is Quiet Enjoyment?
Quiet enjoyment is the right to use and possess property without unreasonable interference from the landlord, a prior owner, or anyone with a superior claim. The "quiet" refers not to noise but to freedom from disturbance of one's possession. The right is implied in nearly every lease and is also a feature of property ownership.
Quiet Enjoyment in a Lease
Every Florida residential lease carries an implied covenant of quiet enjoyment: the landlord must not substantially interfere with the tenant's use of the premises. Serious breaches — such as wrongful entry, cutting off essential services, or failing to control conditions that make the unit uninhabitable — can amount to a constructive eviction, allowing the tenant to treat the lease as broken.
Quiet Enjoyment in Ownership
- A warranty deed includes a covenant of quiet enjoyment, assuring the buyer that no one holds a superior title
- If a third party with a better claim disturbs the owner's possession, that covenant may be breached
- It is closely tied to delivering marketable title
Related Terms
- Constructive Eviction — A serious breach of quiet enjoyment
- Lease Agreement — Where the implied covenant arises
- Warranty Deed — Includes a quiet-enjoyment covenant
Barnes Walker
Barnes Walker's attorneys handle Florida landlord-tenant and title matters involving quiet enjoyment and possession. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC