In many states, courts recognize a landlord's implied warranty or covenant (promise) of quiet enjoyment in a residential lease agreement. The implied warranty or covenant of quiet enjoyment generally requires the landlord to prevent unreasonable and unexpected noise and other disturbances that might prevent the tenant from enjoying the peace and quiet of the leased premises. The implied warranty or covenant of quiet enjoyment is often referred to as the tenant's right to quiet enjoyment.
Some states—such as California—have specifically stated in their statutes (laws enacted by the state legislature) that every residential lease agreement includes an implied covenant of quiet enjoyment. City and municipal codes and ordinances may also provide for an implied covenant of quiet enjoyment. And some residential lease agreements include an express (stated) covenant of quiet enjoyment.
Quiet enjoyment can be difficult to define due to the great variations in residential living in the United States. A tenant who leases an apartment on a busy street or bar district in a large city cannot reasonably have the same expectation of quiet as a tenant who leases a home in the countryside.
But there are some disturbances that a tenant could not reasonably anticipate and should not have to suffer. Some examples of disturbances that may interfere with a tenant’s right to quiet enjoyment include:
• Ongoing or recurring disruptive noises or behaviors from neighbors, such as loud music, barking dogs, late-night parties (if the landlord won’t stop them), or loud domestic arguments from neighboring apartments
• A landlord entering the leased premises too often, unnecessarily, or without proper notice
• Unnecessary, ongoing, and previously undisclosed construction, improvements, upgrades, or maintenance work that continues much longer than initially stated
• A landlord harassing a tenant or a tenant’s guest in person or by phone
• Cockroaches, rats, or other pests or vermin living in the walls and making audible noises
In contrast with these recurring or ongoing nuisances or disturbances that may breach the landlord’s implied warranty or covenant of quiet enjoyment, reasonable or one-time disturbances that don’t necessarily breach the landlord’s implied warranty or covenant of quiet enjoyment include:
• emergency maintenance or repairs in the leased premises
• scheduled maintenance or repairs or upgrades completed in the leased premises when the landlord provides the proper notice that it or its representative will be in the leased premises for this purpose
• upstairs or adjoining neighbors walking around, talking, laughing, watching television, listening to music, or having friends or family over at reasonable times and noise levels
• a neighbor’s smoke alarm going off when cooking dinner
• the landlord regularly calling or knocking on the door to collect past due rent
• routine inspections upon proper notice, as provided in the lease agreement
• reasonable noise levels from community members and guests gathering at a community swimming pool, basketball court, or other activity in the common areas of the leased premises.
In Texas, the concept of the implied warranty or covenant of quiet enjoyment is recognized and is an integral part of residential lease agreements, even if it is not expressly stated in the lease. This covenant ensures that tenants have the right to enjoy their leased premises without unreasonable disturbances from landlords or other sources that are within the landlord's control. Texas law does not tolerate landlords who disrupt this right by entering the leased premises too frequently without proper notice, allowing ongoing loud noises or disturbances, or failing to address pest infestations that affect the livability of the space. However, the standard for what constitutes a breach of quiet enjoyment can vary based on the location and nature of the rental property. Reasonable, one-time disturbances or those that are part of necessary maintenance with proper notice are generally not considered breaches of this covenant. Tenants who believe their right to quiet enjoyment has been violated may seek legal remedies, which can include terminating the lease or suing for damages. It is advisable for tenants facing such issues to consult with an attorney to understand their rights and options under Texas law.
