A term of a lease required that the landlord provide exterminating services monthly to control rats and other pests. The landlord failed to do this despite numerous requests placed by the tenant, and the premises became overrun by rats. This may be considered:

a. a breach of the covenant of quiet enjoyment.

b. a physical eviction.

c. active waste.

d. a constructive eviction.

Question

Law

Marley Graham

19 December, 14:13

A term of a lease required that the landlord provide exterminating services monthly to control rats and other pests. The landlord failed to do this despite numerous requests placed by the tenant, and the premises became overrun by rats. This may be considered:

a. a breach of the covenant of quiet enjoyment.

b. a physical eviction.

c. active waste.

d. a constructive eviction.

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Answers (1)

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Erik Flowers · Answer 1

Option a. a breach of the covenant of quiet.

Explanation:

Quiet enjoyment is a right that is possessed by either the tenant or the tenant. This is the right to an undisturbed use and enjoyment of the property by the landowner or the tenant. Generally, the agreement is between two parties to refrain or do something.

In a covenant, the landlord promises the tenant that the tenant will have the right to clean and well-maintained premises. In addition, the agreement contains services such as heat and hot water, trash removal, and elevator services for high-rise buildings. It also promises basic maintenance services such as fumigation if needed.

In other words, the onus is upon the landlord to ensure that the leased place is in good order all the time.

In this case, failure to deal with the rats will make the place uninhabitable and will disturb the tenant's peace of mind. Thus, the landlord would have breached the covenant of quiet enjoyment.