What is the “Implied Covenant of Quiet Enjoyment”?

System - Thursday, June 2, 2022
Property Management Blog

Under federal law, tenants have certain rights, such as the "Implied Covenant of Quiet Enjoyment." This regulation ensures that every renter in the country has the right to enjoy their rented property in peace and tranquility.

You must get familiar with this law as a landlord before renting out your property. You could face a variety of consequences if you don't.

For example, your Florida tenant may choose to vacate your property without incurring any further obligations under the lease agreement. In addition, your tenant may sue you for violating the covenant.

Ackley Florida Property Management answers frequently asked questions about the "Implied Covenant of Quiet Enjoyment" in this post.

What Does an “Implied Covenant” and “Quiet Enjoyment” Mean?

An "implied covenant" is an agreement that isn't specified directly in a contract. Regardless, it is present.

The term "silent enjoyment" refers to a tenant's uninterrupted usage and enjoyment of a rented property. In this aspect, tenants have two rights:

  1. The right to live in a pleasant environment
  2. The right to live in tranquility

A livable residence complies with state and local building, health, and safety regulations. The Implied Warranty of Habitability requires a landlord to offer at the very least:

  • Safe drinking water
  • Hot water
  • Working bathroom and toilet
  • Working smoke and carbon monoxide detectors
  • Adequate ventilation system
  • Working electricity
  • Reasonable protection from criminal harm
  • Sanitary premises

In terms of the second entitlement, your tenant has the right to live in peace, free of obtrusive noise. 

When your tenant signs the lease, they are entitled to the following:

Reasonable peace and comfort

As a landlord, you must eliminate or limit any disturbances that may interfere with a tenant's right to enjoy peace.

Live in privacy

You have a legal responsibility to obey your tenant's privacy once they sign the lease. It would be illegal for you to enter your tenant's home without permission.

Also Read: Top Tenant Complaints and How to Solve Them

What are the circumstances in which a Landlord can enter a Rented Premise?

The following are some of the most prevalent grounds for landlord entry:

  • To demonstrate the property to potential tenants. When a lease is due to expire and they need to re-rent their unit, this is frequent.
  • To make repairs or enhancements that are required.
  • In the event of an emergency
  • When the tenant has given permission.
  • When they have grounds to assume the tenant has abandoned the rental property, such as if the utilities have been turned off and/or there was a moving van at the apartment.
  • When it comes to providing services that the renter has asked for.
  • To serve an eviction notice after a tenant has repeatedly broken the lease agreement's restrictions.

How Much Notice do Landlords in Florida have to provide their Tenants before Entering?

Landlords must give renters adequate warning before entering their rented unit in Florida. In particular, you must provide your tenant with at least 12 hours' notice before accessing their rented unit.

Only in a crisis or when a tenant abandons the unit is this not allowed.

The Bottom Line

Landlords in Florida have a legal obligation to guarantee that their renters have peace while on their property. Ackley Florida Property Management can assist you if you're just getting started as a landlord and are unsure of your responsibilities.