Are you truly at home if you can’t quietly enjoy it? Renters, even in a major city, have a right to quietly enjoy their units, thanks to California law. Landlords need to protect these rights, or, in the worst case scenario, it may be a valid reason for a tenant to quit their property and stop paying you rent. Quiet enjoyment isn’t limited to preventing loud, obtrusive sounds but the tenant being physically bothered.
A California statute, in outdated language, provides tenants this right:
“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.”
Whether a tenant’s right to quiet enjoyment is expressly part of a lease or not, the landlord must provide “quiet enjoyment” to the tenant and not disturb them above and beyond what’s legally allowed.
What are Your Tenant’s Rights? What are Your Obligations?
Due to the covenant of quiet enjoyment, tenants have the right to:
- A reasonable privacy expectation
- Peace and quiet
- Be free from disturbances and nuisances
- Have exclusive possession of the unit
- Be free from disturbance or interference when using common areas
- Use essential services like heat, electricity, and hot water
You can’t disturb the tenant by:
- Repeatedly entering their unit without notice
- Harassing the tenant
- Violating their privacy
- Constantly creating noise near the unit
- Not letting the tenant onto the property
- Physically removing the tenant
- Trying to rent the property to another person
- Threatening the tenant
Maintaining the tenant’s quiet enjoyment is the landlord’s job and anyone under the landlord’s control. If the problem is noise from someone next door or across the street, you have no obligation to try to end it.
If the nuisance or substantial disturbance is by another tenant, you must use reasonable efforts to stop it. If you fail to intervene if a tenant verbally and physically harasses another, you may breach the covenant of quiet enjoyment.
What Might a Tenant Do If They Believe They Can’t Quietly Enjoy Their Unit?
A tenant claiming a breach of this right must be able to show substantial interference, not an inconvenience or annoyance. The disturbance must be so severe it makes the unit unfit for living there or substantially takes away from the tenant’s enjoyment of the rental unit.
A tenant may send you a letter or email outlining the problem and how it’s negatively affected their living conditions. If you do, you should contact us because if the issue isn’t resolved, this letter will probably be part of litigation against you because it officially puts you on notice of the problem. Depending on the circumstances, we’d help you respond and suggest ways to address the issues by working in good faith with the tenant.
If there is such a breach, the tenant may:
- Bring an action for breach of contract against the landlord
- If they can show the violation is to force them out of the unit, they’d be entitled to a civil penalty not to exceed two thousand dollars ($2,000) for each violation
- Seek injunctive relief to force the landlord to stop whatever is going on
- Use the breach of quiet enjoyment as a defense if you try to evict them
- Seek a complete or total return of paid rent
- Constructively evict themselves
As in all civil litigation, the tenant bringing a legal action has the burden of proof. Most legal actions resolve with a negotiated settlement agreement. We can help you by negotiating with your tenant or their attorney and, if that fails, represent you in litigation to protect your rights.
We’re Here to Help
If you have any questions about what you need to do to ensure a tenant’s quiet enjoyment of their unit, or if a tenant claims you’re not doing enough, call the AWB Law, PC team at (949) 244-4207 or fill out our online contact form today. We can discuss the situation, how state laws may apply, and how best to proceed
