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Is There Legal Recourse for Breach of Quiet Enjoyment?

When you rent an apartment or a home, you expect it to be a place where you can kick back and relax at the end of the day. You have the right to “quiet enjoyment” when you rent, and having that right violated can be incredibly irritating. It can even make it impossible to continue living somewhere. A New York City rent dispute lawyer can help you fight back though.

What is Quiet Enjoyment?

The covenant of quiet enjoyment basically just means that a tenant should be able to enjoy their space without others disturbing them. This should be an easy rule to abide by, but you would be surprised by how many landlords simply do not care. Obviously, a building in a large city is not going to be quiet all the time, but egregious violations should be dealt with.

What Would Be Considered a Breach of Quiet Enjoyment?

Any of the following could be considered a breach of quiet enjoyment:

Unlawful entry: Your landlord is supposed to tell you when they are coming by. If something needs to be worked on or fixed at your apartment, you should have advance notice of at least 24 hours. A landlord who makes a habit of just barging in is violating your right to quiet enjoyment.

Excessive noise: Some noise from the street and other tenants can be expected. Excessive noise from construction, the landlord, or other tenants without any kind of time restrictions should not be tolerated.

Harassment: A landlord who does anything that makes you feel uncomfortable in your own home is violating your rights.

Violating the warranty of habitability: Your apartment should offer the necessities, like heat, water, and electricity. It should also be safe and free from hazards like mold or pests. A landlord who does not provide basic services or address dangerous conditions needs to be held accountable.

A little bit of noise, like from your neighbors playing music during the day or your landlord performing repairs at a reasonable hour, do not violate this covenant.

What Can I Do If My Landlord Violates This Covenant?

The first step is to document everything. When do you think your right to quiet enjoyment was violated? What did your landlord or someone else do to cause this issue?

Then you contact your landlord, preferably in writing. This gives you a paper trail and gives your landlord a chance to address the issue. If they do not try and make your stay in their building tolerable, then you may be able to:

  • Terminate the lease early
  • Ask for a reduction in rent
  • Withhold rent
  • Sue for damages, like moving costs

It is recommended that you talk to a lawyer before taking any drastic steps though. An experienced lawyer can help you learn more about your rights and what you can do to address a specific situation.

Talk to a Tenant’s Rights Attorney

If you are having an issue with your landlord, contact Robert Rosenblatt & Associates. We are ready to help you enforce your right to quiet enjoyment of your home.

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