You Have The Right To Remain Quiet!

By
Real Estate Broker/Owner with KGC Properties LLC, Tucson Property Management & Real Estate

No matter good tenant, not so good tenant, if you are new to being a landlord or been around for a while – it’s important to know that tenants do have some basic rights that need to be provided.

Here are the basic tenant rights:

  • Quiet enjoyment covenant is the right to the undisturbed use and enjoyment of real property by a tenant (or landowner.)  This covers privacy and safe living – but it also includes peace and quiet. Although you can’t pick your neighbors – if you have neighbors that are loud (in apartment complexes only) you can talk to your landlord and find a remedy.
  • Safe living space.  And this means if something is not functioning like a toilet, stove, heating/cooling – the landlord needs to take corrective measures.  This does not mean your landlord has to provide security systems or elaborate locking gates - it means windows and doors shall have locks and you are provided the keys.
  • Privacy.  Even though the landlord owns the home – they can’t just come and go at will. You do have a certain degree of privacy.  If repairs need to be made – notice has to be given and if you aren’t there – the home must be secured and locked when the landlord leaves.
  • Reviewing the lease BEFORE you sign it. Never sign anything without reading it even if someone says “it’s a standard lease”.  I always send tenants the lease ahead of time – and give them ample opportunity to read it, ask questions and if they are still concerned –they have time to have an attorney review it.

Along with rights come responsibilities. You have rights because you are fulfilling your renters responsibilities: paying rent on time, preventing damage to the home and if something needs repair - you let the landlord know sooner than later.  So make sure to hold up your end of the bargain if you want to retain your right to quiet!

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Buying or selling Tucson real estate, Mt Lemmon, Tucson bank-owned homes, Tucson rental homes, or Tucson lease option homes? Visit www.KGCPropertiesLLC.com .

                                                 

 

This blog is written with my opinions and my opinions are  presented with accuracy but not guarantees. Please talk to a professional before making any real estate, financial or agency decisions.    Gabrielle Kamahele Rhind - 2014. If you want to reprint parts of this - just email me for my permission: KGCProperties@gmail.com .

 

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Re-Blogged 1 time:

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  1. Wallace S. Gibson, CPM 05/15/2012 07:04 AM

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Rainmaker
573,802
Phil Leng
Keller Williams Eastside Market Center - Kirkland, WA
Phil Leng Team - Residential Real Estate Experts &

Hi Gabrielle,

I thought this post was going to be about how some agents keep talking after it is clear they need to be quiet!

Phil

May 16, 2012 03:08 AM #33
Rainmaker
992,176
James Dray
Wise Custom Realty - Bentonville, AR
AR., MO., or OK. I can find the home for you.

Morning Gabrielle first of all congrats on the feature.  You must have a bunch of them but anyway back to the issue at hand.  Knowing you I know you're not surprised that most people don't know this.  Enjoy the day good post

May 16, 2012 03:24 AM #34
Rainmaker
575,215
Valerie Zinger
House Proud Ottawa-Ontario-Canada - Ottawa, ON
Home Organizer
Those are the basic rights and, one hopes, that both the landlord and the tenant exhibit reasonable behavior at all times.
May 16, 2012 04:05 AM #35
Ambassador
1,003,516
Bob Crane
Woodland Management Service - Stevens Point, WI
Forestland Experts! 715-204-9663

Thanks for the informative post Gabrielle, great information for any landlord to keep in mind and distribute to the staff.

May 16, 2012 05:34 AM #36
Rainer
133,857
Chris Jenkins - Miami/Miami Beach Realtor
Keller Williams Miami Beach - Miami Beach, FL

A good, respectful tenant is worth their weight in gold... and even a lower rental rate!  And, a responsible landlord is a gem, as well.

May 16, 2012 06:09 AM #37
Rainer
30,267
Peter Michelbach
International, INT
i Sell Real Estate

Hi Gabi - Great balance - rights and obligations equals peace and happiness - applies in 'down under' too.

Brilliant content and wise Salomonic title...silence and solitude... to refresh the soul and create time to contemplate and build respect. Enjoy, great post!

May 16, 2012 06:09 AM #38
Rainmaker
884,416
Lottie Kendall
Today | Sotheby's International Realty - San Carlos, CA
Serving San Mateo County and San Francisco

Nice post on a subject we don't see here often. Great title, too!

May 16, 2012 06:36 AM #39
Rainer
213,215
Akerly Real Estate Team Manhattan & Brooklyn Real Estate
Akerly Real Estate Team - Brooklyn, NY

As a landlord myself, I appreciate the reminder.  Sometimes our landlord clients also forget that although "the property is theirs" they gave up some of their rights to the tenants when they rented it.

One point, and I acknowledge this may be more technical than you intended the post to be.  The implied covenant of quiet enjoyment has absolutely nothing to do with "peace and quiet," "loud neighbors," etc.  It's a common mistake made by first year law students (it's so tempting to assume that given the name).  In fact, the covenant refers to the tenants right to enjoy possession of the property.  Any interference with that possession in the form of total or partial eviction by the landlord or a third party is a violation of the covenant.  For example, locking the tenant out is a violation or flooding a bedroom making it unusable by the tenant (partial eviction).  "Quiet enjoyment" refers to the tenants right to enjoy their right of possession without intference or an oblgiation to defend it.  

As usual, Wikipedia has something on point, though it's just a short description:  http://en.wikipedia.org/wiki/Leasehold_estate

May 16, 2012 06:48 AM #40
Rainer
91,167
Tanja Cisliek
Future Home Realty - Seminole, FL

I like best that you point out Tenants should take the time to review their lease agreements, if all expectations are set correctly, there are no rude awakenings later. Great post!

May 16, 2012 06:53 AM #41
Rainer
266,212
Richard Bazinet /MBA
Realty ONE Group - Scottsdale, AZ
Phoenix Scottsdale Real Estate

Hi Gabrielle! Hope business is good with you. Great blog, great reminder to both landlord and tenant.

May 16, 2012 07:57 AM #42
Rainer
27,563
Bridget Magnus
Prudential Americana Group, REALTORS - Las Vegas, NV

It's worth pointing out that if a tenant requests a repair, they should already know somebody is coming to fix it.

May 16, 2012 08:26 AM #43
Rainmaker
187,206
Alan Grizzle
Chestatee Real Estate - Dahlonega, GA
Full Time Realtor, Lifelong Resident of Dahlonega

 I have had some tenants be very unreasonable when asking for repair work. They only want the repair person to come when they are going to be home and have nothing else to do. The tenants need to under stand the owner does not have a repair person who can be there at any given time without a notice and at only a time that is convenient with the tenant. For example you cant tell the HVAC company they can only come tomorrow between $8:30 and 9:00 am or after 8 pm or something like that. The repair services have a schedule and a new service call must be worked into that schedule.

I know I have to work around the repair man's schedule when I call for repair work at my own house.

May 16, 2012 08:39 AM #44
Rainer
30,648
Rachel Tipton
Litchfield Real Estate - Litchfield, SC

Great post. Def read anything thoroughly before signing!

Hope 2012 is your Best Year Ever!

May 16, 2012 09:00 AM #45
Rainer
184,548
Bill Fields
Bill Fields Learning Systems - Treasure Island, FL

Another great post with good common sense tips. Thanks G.

May 16, 2012 09:10 AM #46
Rainmaker
128,440
Dora Griffin
D A Griffin Financial.LLC - Fort Thomas, KY
NMLS 6380

I just got a new neighbor, I'm waiting to see if I will have "quiet enjoyment" since the property is a rental and it is hit and miss as a normal course.

May 16, 2012 10:02 AM #47
Rainmaker
140,356
Dennis J. Zisa
Dennis J. Zisa & Associates, Inc. - Camden, NJ
25 years in So. Jersey and the Greater Camden area

Excellent information, presented in a clear and concise manner.

Landlords (particularly some private landlords) need top recognize the fact that they too have responsibilities.

May 16, 2012 11:22 AM #48
Rainmaker
656,887
Evelyn Kennedy
Gallagher & Lindsey, Alameda, California - Alameda, CA
Alameda, Real Estate, Alameda, CA

Gabrielle:

Good information for both landlords and tenants.  Some tenants don't realize they have rights when they sign a rental or lease agreement. 

May 16, 2012 03:53 PM #50
Rainmaker
1,266,718
Gene Riemenschneider
Home Point Real Estate - Brentwood, CA
Turning Houses into Homes

The right to enjoy ones home without being bothered is a basic right and it needs to be respected.

May 16, 2012 09:12 PM #51
Rainmaker
638,192
Stephanie/Bob The Ruiz/Miller Team
Keller Williams Cornerstone Realty - Ocala, FL
The Ocala Dream Team

Hi Gabrielle, great post.  As a new landlord I could use the review!

May 17, 2012 02:57 AM #52
Rainmaker
340,685
John DL Arendsen
ON THE LEVEL General Contractor, Crest Homes Factory Built Housing Dealer & Developer & TAG Real Estate Sales & Inves... - Leucadia, CA
Contractor, RE Brk, Factory Built Home Dealer/Devl

LOL! I'm just sitting here after showing our beach casita which we are leasing for the very first time due to some extensive long term travel committments we have for the next couple of years. I'm not new to the landlord game having owned several rental properties of my own for several years.

But it was a tough decision in light of the fact that we haven't rented or leased it since we built it in'07. We've only enjoyed it. But I'm only leasing it out for 12 to 18 months and plan to reunite with it whence we return from our travels. Thanks for a very timely and conducive post.

 

May 18, 2012 03:25 PM #53
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Gabrielle Kamahele Rhind

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