Peace and quiet. Who doesn’t want that especially during what can be a hectic time of year? Even if it’s not the holidays, imagine you’re trying to run your business and the landlord has hired contractors who are jack hammering concrete in the space adjoining the area you rent.
Or, if you are a tenant, what if the hookah bar just down the way from your real estate brokerage is booming and the customers are smoking so much that the billowing smoke is permeating your office.
Remember this: When you rent a unit, space, complex, office, or storefront, not only are you entitled to occupy the premises, but you are also entitled to the “quiet enjoyment,” of the place.
In fact, in the “absence of language to the contrary, every lease contains an implied covenant of quiet enjoyment, whereby the landlord impliedly covenants that the tenant shall have quiet enjoyment and possession of the premises.” Ginsberg v. Gamson.
This means that even if your lease doesn’t specifically state that you are entitled to a certain amount of peace and quiet to run your business, you’re entitled to it anyway.
This covenant, or promise, is read into leases and gives tenants the right to use and enjoy the place they’re renting to allow them to actually carry on their intended business. In the event the covenant is breached, a tenant has a right to recover any contract damages or get an injunction to have the interference stopped.
Depending on the facts of a particular case, damages can include lost profits, lost business goodwill , and if it gets to it, moving expenses.
So contrary to what we might think, at least sometimes, what we see is not all that we can get.