When a tenant rents a property from a landlord or property manager, he or she is given the right to enjoy the property undisturbed under the “implied warranty of quiet enjoyment” or “implied covenant of quiet enjoyment”.
According to Nolo, quiet enjoyment is “The right of a property owner or tenant to enjoy his or her property without interference. Disruption of quiet enjoyment may constitute a legal nuisance. Leases and rental agreements often contain a “covenant of quiet enjoyment,” expressly obligating the landlord to ensure that tenants live undisturbed.”
In this article, we will explore what it the implied warranty of quiet enjoyment means for tenants, including examples of violations of this covenant compared to an acceptable disturbance to a renter’s peace and quiet.
Laws Regarding a Renter’s Right to Quiet Enjoyment
While there is no specific federal law regarding a renter’s right to quiet enjoyment, all rental lease agreements should include language regarding a renter’s right to quiet enjoyment, under an implied warranty or covenant. In most cases, courts will uphold a renter’s right to quiet enjoyment even if it is not mentioned in the lease agreement.
Renters and landlords can turn to their state laws for specific information about the covenant of quiet enjoyment, including legal or financial consequences for failing to uphold the covenant. For example, according to the California Civil Code section, 1927 landlords can be liable to tenants for a partial or full refund of rent paid for the period during which the landlord was notified of the offending activity that disturbed a renter’s quiet enjoyment but failed to remedy it.
Understanding the Implied Warranty of Quiet Enjoyment
Most people want to live in their home peacefully and with distribution to their home life and day-to-day activities. This is exactly what the covenant to quiet enjoyment is meant to protect for renters.
One of the issues with enforcing a renter’s right to quiet enjoyment is the subjectivity to what is considered a disruption to a person’s quiet enjoyment of their home. If you live in a busy city street, the sound of traffic outside might bother one person but go unnoticed by another resident. And at what point does it become a landlord or property manager’s job to deal with a disruption to one of their tenant’s quiet enjoyment in the rental property.
Below is a list of examples of disturbances to a renter’s implied warranty of quiet enjoyment that a landlord or property manager might be responsible for fixing. We will also give a few examples of what might be considered acceptable or one-time disturbances that wouldn’t be considered a violation of a renter’s right to quiet enjoyment.
Examples of disturbances to Quiet Enjoyment
- A landlord harassing a tenant or tenant’s guest in person or on the phone
- Frequent or unnecessary visits or inspections of the property
- Constantly barking dog
- Unnecessary remodeling work, or maintenance work that takes longer than initially proposed
- An upstairs neighbor who works out or plays loud music late at night
- Vermin or pests in the walls making disruptive noises
Examples of Acceptable or One-time Disturbances
- A landlord calling repeatedly or knocking on the door to inquire about overdue rent
- Routine inspections, especially those outlined in a lease agreement
- Emergency maintenance or repairs
- Scheduled maintenance or repairs, however, proper notice must be given to the tenant before entering the property
- Footsteps from neighbors living above a downstairs tenant
- Smoke alarm goes off when a neighbor cooks dinner, that is turned off right away
- Common wildlife like crickets or birds making noise outside
What to do if you feel like your right to quiet enjoyment has been violated
It’s always advisable for a tenant to take detailed notes whenever he feels like any of his renters’ rights have been violated, including his implied warranty of quiet enjoyment. It’s a good idea to take pictures, video, or record sound if possible. Inform your landlord or property manager of the disturbance and ask what will be done to remedy the situation and when it will be taken care of. Keep in mind that things like traffic noise or loud neighbors might be out of your landlord’s control.
Check your local laws regarding noise disturbances, this can be especially helpful when dealing with an excessively barking dog or loud neighbors. You might need to call the police to report a problem. In some cases, an issue might be out of your landlord’s control, but if the problem persists, the landlord or property manager might allow you to break your lease agreement early and without consequences. Keep records of all your reports to the police department, city, and conversations with your landlord.
After you notify your landlord or property manager, and the issue is still not remedied, you need to inform your landlord that your right to quiet enjoyment has been violated. The best advice I can give you, is to work with a local attorney familiar with landlord-tenant laws in your area, you can help you draft this official notice. Working with an attorney might be more affordable than you think and will ensure you are going about the situation in the best way possible.
Your notification should reference your state law or lease agreement that refers to the warranty of quiet enjoyment and detail how you feel like your right has been violated. Let your landlord know if you would like to break your lease, stop paying rent, or would like a rent refund as a result of the violation, depending on what your state law allows.
Be prepared for your landlord to respond, either positively or negatively to your notice. There is a chance that your landlord will take you to court if you move out or stop paying rent. If your landlord refuses to acknowledge your rights or issue you a refund, you may be within your rights to take your landlord to court. Again, it’s highly advisable that you seek out the assistance of a licensed attorney.
This article was originally published on April 17th, 2019, and has since been updated.
This is an excellent article and most people do not realize that the Quiet Enjoyment is implied in California and therefore is part of the lease whether stated or not. I have been attempting to address this issue now with my labor after being harrassed and bullied by two sets of tenants since November 2019, all to no avail and quite a bit of expense. I am now being forced to leave my home of 15 years as a result and the 20 somethings who moved in 18 months ago win.
Wayne, thank you for sharing your experience with others to help spread the word about implied quiet enjoyment. I’m sorry you didn’t find the resolution you wanted but I wish you all the best in your new location.
Yes I have lived in this mobile home/trailer park for 16 yrs. and for months now my “neighbors” have been and are somehow getting into my place and stealing things, food,etc…and I’ve reported it to management and police but no one will help me. Any advice?
Every time I go anywhere they get in my place and steal things, pots and pans, dishes soap,paper products, food, money,clothes etc..HELP
That sounds distressing Ellen. I would highly recommend changing the locks on your mobile home. If you have a sliding glass door or accessible windows, there are other means to secure those. If this is happening at night or early morning, motion sensor outdoor lighting may help.
Secondly, I would suggest submitting reports in writing to your park management. You could also ask them to contact the police to ask them to add your park to the police patrol driving route. Sometimes just the presence of authorities more often can reduce crime.
Lastly, you might want to consider joining or starting a neighborhood watch program.
Hello I’m reading your message has the problem been taken care of reading your message really hurts me and it’s upsetting because I’m am to going through the same thing I’ve been here 12 years and this annoying neighbor only been here 2 mos and has cause more hell than can be been threatened I pray that something change for you it’s really sickening that you have a landlord that don’t care about if you are in a safe, clean quiet environment because all they are is money hungry
I’m in a situation with a tenant in #2 ..I live in #1 . He hasn’t paid rent since last July 2019 he is not part of COVID . He has moved people in and out these people are not on lease . Sits under the carport in his truck with his brights shining in to my living room window . His girlfriend does the same thing she is not on the lease . He is a tweeker he works on his truck at all hours . Throws his cigarette butts on my side of my carport . Sits in his truck blares his music .I ve called the police 2 times . Once for harassing me while taking my garage out . And his Girlfriend decided to threaten me to kick my ass . I’m 60 she’s 19 .. my patience is wearing thin . Landlords let this go on they even have a property manger and they do nothing . Tell me to call the cops . They didn’t serve him with eviction papers until March 2020 . I have lived here 10 years.. I live in Apple Valley ,Ca. This guy has worked on cars there is grease and oil all over the driveway. They are now using the COVID as a excuse . This guy is a nuisance disturbs my peace and my privacy . So so fed up !
That sounds distressing, Venetia. Sadly, it’s difficult to evict tenants as the courts aren’t willing to process evictions in many places right now.
Your safety comes first so if you are being threatened and suspect illegal drug activity calling the police is the right move. The second step is to give your landlord a detailed complaint in writing. Be sure to include the police report and/or observations and keep a copy for yourself for a useful paper trail if you need to contact your local housing authority to discuss your options. Lastly, to help with your frustrations, blackout curtains can block the light that is bothering you. Wishing you all the best.
my neighbor upstairs is up ALL night. My apartment is older and the flooring creeks when they walk. My landlord STATES THAT HEY CAN NOT MAKE THEM STOP WALKING, BUT IN THE MIDDLE OF THE NIGHT WHERE IT IS QUIET THEY ARE UP ALL NIGHT FOR 3 HOURS WALKING AROUNDTHIS IS NOT PEACEFUL. I HAVE COMPLAINED 8 TIMES AND DOCUMENTED . THERE IS NO WAY FOR THEM TO TELL WHO IS TELLING TRUTH. I HAVE BEEN A TENAT FOR OVER 5 YEARS THEY JUS MOVED IN DEC 2020.
HELP 🙁
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Theresa, I can hear how difficult this is for you. Unfortunately, the warranty of quiet enjoyment does not cover noises produced by common behavior such as walking. Typically the noise issues covered are the ones local laws reveal as ‘disturbing the peace’. These regulations may include decibel levels and types of noise that can be detected from outside of the building. If law enforcement can not confirm the noise justifies that category of disturbing the peace, it is not likely the landlord can insist on a change of behavior. Having lived in and managed community housing, sometimes the best we can do is find solutions to block the noises of others such as using earplugs. It’s hard to hold empathy for their physical or mental concerns that are causing them to pace at night so I understand and hope you find some alternatives solutions to help you find rest.
I have an upstart neighbor with kids ages 8 and 10. They are wild. Leaping off furniture and landing on the floor. Practicing gymnastics or basketball. Or what sounds to be elephants doing ballet. My light fixtures rattle and others swing. My dishes rattle regularly. I can even hear the mom yelling at the kids. I never hear a peep from any of my other neighbors. Would my crazy wild upstairs neighbors meet the standards as impeding my quiet enjoyment of my own apartment?
Noise is often a subjective issue and unless the neighbors are breaking the local noise ordinances or breaking lease terms the landlord can’t do much to mitigate that concern. I would suggest checking with your local housing authority and city/county to understand the local noise regulations. From there you’ll best know if you need to reach out to the local authorities if the noise is outside of quiet hours or decibel levels.
Having said that, landlords want peace between tenants. Some even put wording in the lease requiring quiet hours and/or the requirement to use rugs and other noise dampening items. So, you may want to contact your landlord for help. Ask if there are lease noise prevention clauses and be sure to let them know the severity of the noise (and inform them of the swinging light fixtures). They might be able to intervene and work with the neighbor to keep the issue from escalating.
The landlords should check the flooring. But being up all night !! I’ve got a tweeker living next to me hasn’t paid rent over a year … Finally .. it gone to court and has been signed off for the sheriffs to come lock him out ! I can’t wait I’m a tenant for 10 yrs here … and he’s been a thorn in my ass !!! But I’d have them check the floors
Venetia, there is nothing worse than being disturbed by annoying behavior brought on by criminal activity. But I should point out that although a landlord is required to maintain a habitable unit, a squeaky floor and lack of sound insulation do not affect the habitability or safety of the unit. Some leases require tenants to provide and use rugs over a percentage of the unit and those tenants can be cited for lease violations if not in compliance. Other leases will indicate that the landlord is responsible for flooring noise transference, carpeting, etc. However, if not in the lease, a landlord is not required to make repairs or modifications during or between tenancy.
I’ve got GOOD NEWS … I had shared about The Eviction Tenant from Hell … No Rent for a year and a half … I’m a tenant … The POS is moving his things Right Now be fore Sheriff comes on Weds to Lock Out !!!! OMG ! I’m beyond Happy !!!!! Evictions are happening!! This guy is not part of the pandemic.. Tryin to work the system.. Druggie !!!! He’s OUT !!! Good Luck to those of you still waiting!
Hi, Heather!
Thanks for an informative article. I’m on the board of a building with rules that forbid hosting guests in a unit if the owner is not present. We have someone who has moved to an assisted living facility and has been granting friends use of her unit without notifying the board. These friends come for a weekend or a week which appears to be against our rule. I wonder whether our rule is consistent with quiet enjoyment. We are in Illinois. Thanks for any advice you have for us.
What about loud Tajano music blaring out a neighboring tent ? My next door neighbor and the one across from me play music really loud I live in a retirement and disability community PTS.,it’s been really super quite here since moving in Jan. 28th 2016, the one across from me moved in 3yrs ago this June of 2023, and the newest one moved in March 25th of 2023 and both have become a nuisance to me and neighboring tendency it’s becoming a serious issue as I’ve contacted my mgr. Numerous time to no prevail, she keeps saying she can listen to her music with her window all the way open if she so chooses especially during the day but I’m not happy with it as her window is literally 4-6 ft from my patio and it’s LOUD plus I’m not a fan of Tajano music I’m not prejudice but she’s being deliberate I feel and 90 to 95 % of the time she’s been drinking or her and the other one are drinking and yes they are Hispanic this place was always a nice quite place which is what drew me to it the most, but since both of these women have moved in its not been quite and other things have been going on as well. Please help as to what I can do as a senior of Tx and on full disability please TC
My issue is not with my neighbors, but with my landlord and their maintenance team. I have lived here 5 years with no issue, however, had a roommate until March of this year when this all began. The apartment next door was being refloored and fixed up since the beginning of January ’21 and was excruciatingly loud from 9am – 5pm Mon. – Fri. every day through March/April. There were also work trucks parked surrounding my apartment (from Jan. through current) so that no matter which room I am in, there is a car parked in front of my window with maintenance men standing a few feet from me all day…I have not opened my blinds during weekdays all of 2021 due to this. My roommate moved out in March, and I called to complain of the incessant hammering late March (I had already gone insane months earlier from it, but don’t like to cause trouble). After calling multiple times to complain, my landlord asked me to put in writing dates or times when I would like quiet. I responded that I would hope it was reasonably quiet (enough to have a phone call) the majority of the time, and asked if she could alert me of the dates maintenance would continue their loud work, so that I would not schedule interviews on those days. She is aware I have been out of work, home, and looking since the start of the pandemic. She agreed, however the maintenance team did not adhear to the dates she sent me, and I ended up losing a job opportunity I had worked on for months, because I had to unexpectedly reschedule my zoom interview three times due to unexpected/unlivable repair noises on dates not listed. I called to complain again (I have been recording audio since Jan. just in case) and my landlord became extremely irate, and we began to argue. Since then, we have not got along and every time we have had to communicate it has been an issue – to the point where we agreed we would speak in writing or through a maintenance worker. The landlord’s husband (property owner) owns large dump trucks and one with a large metal scooper in the front that they now use every single day to drag metal pipes, huge amounts of brick, etc. back and forth in front of my apartment. I live in apartment buildings (many buildings on property), yet since I have complained, they have solely used the dumpster directly next to my apartment, the maintenance “work shed” in the basement under my apartment, and the area directly outside my bedroom to chip full trees for weeks and whatever else extremely noisy project they can find. Prior to this year, I never had an issue regardless of my bedroom and apartment being over a work shed, but now that it is the only one they use it has become unlivable for me Monday through Friday. I have told my landlord I know she is trying to make things difficult for me/ I’m being retaliated against for my initial noise complaint and calling the housing department, but she vehemently denies it. They open and slam the metal sliding shed door under me each day, numerous times, so loud my picture frames fall and break. On top of noticing we have termites or wood ants (some infestation eating the wood/window sills/exterior of building) and a carpet beetle infestation I have seen in my apartment, hallway, basement/storage & laundry room, and confirmed with another tenant they have also seen in their apartment), the state of the building is not great, but they aren’t planning to fix it as I believe they plan to sell/retire in a few years. I have been too afraid to make any further complaints because of the retaliation I am already dealing with, and the fact that now that I live alone I have no one to back me up – other than the audio recordings and pictures/videos of all the trucks outside my windows that I took this year. I finally just got my dream job that starts next week, but I am afraid I will fail and lose it because of the noise (it’s that loud, I’m not exaggerating – cannot have a call/zoom), as I will be training and working from home. What the heck can I do ?! My neighbors often complain of noise from the elementary school next door…I can’t even hear that noise because of the maintenance men playing with their big toys a few feet from me on a daily basis. Please advise of who you would contact first if you can! (I don’t have the $ to bring them to court right now, but if it comes to it, that’s what the documentation is for.) Thank you!!!
Also, she raised my rent double what they normally raise it, a month after I called the Housing Dept. to get them to repaint my destroyed bathroom, which is already chipping again due to them not priming the walls before painting and no fan in the bathroom. The rent has only been raised one other time in the last 5 years, and she knows I am have been unemployed longterm and just lost my roommate, yet raised my rent directly after discussing all of this, further leading me to believe I’m being retaliated against. I spoke with her today to ask if I could have her word that I would be able to work from home during the week in the office now that I finally gained employment, and she said she doesn’t understand why I can’t move my office to the living room and stay out of the side rooms during the week because “the guys have a lot of stuff they want to clean out in the basement”. I told her it’s the law that I have the quiet right to enjoyment and I have been scared to bring this up all year for further retaliation, but I have to because I will not lose this job over petty old grouches (didn’t say that part). She said she would talk to her husband but could not confirm.
Unfortunately, for the noise issue, if they are not violating the local noise ordinance, I’m not sure what options you’d have to get them to stop using the shop or parking and construction noise. But for your sanity and for your new job I’d recommend a good pair of noise-canceling headphones. There are many these days that can cut out significant external sounds. I am unable to offer any legal advice but would suggest reaching back out to the housing authority to discuss your infestation concerns and retaliation worries. They might be able to let you submit an anonymous complaint and/or guide you to best next steps.
My landlord rents out all space outside the house to tailgaters every weekend. I’m in Oklahoma. Anyone know if that’s legal?
So under Examples of Acceptable or One-Time Disturbances, this article lists “Footsteps from neighbors living above a downstairs tenant”. What if this goes on for months non-stop until 2-3am at night, every night? Is this still acceptable? I am the downstairs tenant. My upstairs neighbors teenage sons are night owls and they stay up in their kitchen until 1-2-3am every night. The bad thing about this is that their kitchen is unfortunately located right above our master bedroom, which is not soundproof, and it’s where I sleep (or supposed to sleep). The neighbor’s son was once using the blender at 3am in the morning. I complained to the landlord, they stopped hanging out in the kitchen till 2-3am, but this only lasted about 3-4 days. Couple days later it was back to the same thing. This is now a regular thing. I try going to bed around 10:30-11:30pm, they stay in the kitchen dragging chairs, dropping heavy stuff, using the blender, running water, walking back and fourth, back and fourth all night until 2-3am. I have to be up at 6am Mon-Fri to take my daughters to school, so for the past couple months I’ve been running 3-4 hours of sleep per night. I look and feel like sh**, and to top it off, I’m three months pregnant. I never knew that sleep was this valuable. My eye twitches all day from lack of sleep, and my immune defenses are so low, all from lack of sleep. Today I spoke with my upstairs neighbor and asked her to please be more considerate, to ask her teenage kids to not be in the kitchen so late at night, and for long periods of time, she pretty much said “it’s your problem, because you’re the light sleeper, and were not going to change”. I’ve got caught twice at work taking a nap, I have to skip a meal on my 30 minute lunch break just to go take a nap in my (HOT) car, I feel like I am losing my mind. All I want is some sleep during the week. Would I be able to terminate my lease early for this reason? Please help me.
Martha, that sounds frustrating and I’m sorry you have to deal with the inconsideration. Unfortunately, if there isn’t anything in the lease about quiet hours or noise and the noise isn’t loud enough to be heard outside to violate any city/county noise ordinance, then there might not be much you can do besides continuing to speak with your neighbor politely and pleading with your landlord to release you from your lease without penalty. You might have to take the penalty to find a more quiet environment for your sanity and health. Having said that, I recommend giving your landlord a written account of your concern and the details of the incidents in case the situation escalates. Wishing you all the best and hope it resolves in your favor quickly.
My Landlord texts messages me a message. Then Asks me to Call him. When I call him he repeats his text message to me and then gets off the phone. He texted me “good night” at 10pm one evening un provoked. And that freaked me out. When I moved into the home the house was not clean. I asked him to have the apartment cleaned. He showed up unannounced with a cleaner with no notice while I was at work and kept asking me if they could clean the upstairs. I didn’t give him permission to do that. He texts me later in the day “nice couch” I paid rent and he messaged me saying “thank you for the rent” “call me when you get a chance” I asked him if it was a emergency. He said “no” I called him later just for him to say “thank you for paying the rent. Can you bleieve its been a month already” I had enough. I said he needs to stick to emails and I need to set boundaries for myself. I am single female. Why do I have to be ok with this?
You do not need to be ok with these behaviors. Even if his intentions are friendly, you should be able to set boundaries regarding when, why, and how your landlord should contact you. Check with your local housing authority to learn how much notification (and what type of notification) a landlord is required to give you (each state and local area is different). Regarding the texts and calls, check out the Telephone Consumer Protection Act to see what might apply in your situation. Having the best information at your disposal may help you in drafting a letter or email stating your boundaries. I can’t give legal advice so if this continues or escalates, you may want to seek the advice of a real estate attorney or some other legal expert.
This article encourages recording of audio, which I tried recently when my tenants were (again) being loud in the middle of the night. The tenant denied the yelling, which was clearly audible through an adjoining wall (recorded 92 decibels around 2am) so I presented her with the audio recordings. I also called the police as I heard the person (a minor, home alone) on the other side of the wall say to the whoever they were arguing with over the telephone, that they had “punched a hole in the wall” and “broken their hand” (the teen pretended to be asleep and denied injury when police and medics arrived). Now that I’ve asked the tenant to move, she’s threatening to sue me for making illegal recordings. Can someone direct me to law showing that the recordings I made were legal in Oregon?
My landlord was told the wall had damage. When inspected, they found termites. Instead of fixing the termite issue, he started a two-week process to remodel and tear apart the bathroom in our master bedroom. The workers come in and out all day and use our electricity and water. We cannot sleep in our master bedroom nor use the bathroom.
So nice you allow us to ask questions. I am sandwiched between two very noisy farms. All day noise, machinery, chipping, escalator. Noise enough to shake my house and my body. On the other side dogs barking on and off all day. And once in a while firing of semi automatic weaponry. And machinery, many types of repetative noises all day long. I have the stereo affect. If my mom had not built this house which was one of the first in the nation to be built by all women, I would move, its that bad. If I am out weeding the music is the dogs barking. Years of this I suffered. But I am really sad because I have a limited life, I leave to get food every two months, I am semi bedridden, everyone is gone. By bro killed himself, I am already super depressed and then I get to hear noise all day. Noise all day. And also this farm sets fires and leaves them going all night unattended, which we in Santa Cruz just had a natural disaster with fires. I called fire departments, and nothing is done, and next night he is at it again. So he is endangering my only source of income and my life and my tenants. A Cal Fire inspector said the fires if they get out of control will be the next Santa Cruz Mountain fires, but he also did nothing. Dogs get going 630 am. Then there is the issue that these farms are 2 percent of the residences, and make 100 percent of the noise. I asked once, begged as I got no life left and this just adds to my misery. They did not even respond, then I asked the son begging him while I was weeping. I asked five times. I also am concerned about my tenants. I have had bad tenants, rapists, child rapist. I mean bad. These are the best ones I have had in about 20 tenants. I heard today one tenant has to wear earphones with blasting music to block the barking. Legally is it my duty to act on the tenants behalf to secure his quiet enjoyment. I plan too but I am curious what your vast knowledge will tell me. Thank you again for what you offer to the community by letting us ask a question. So the short version I lay in bed all day due to my illness and I have stereo chaos. And it really makes me hate humans. One of the farms clear cut a whole bioregion for a organic farm, cal fire dude, said what they did was illegal, and still he did nothing. The top part of our glorious mountain is gone, this also ruined my road with the water coming over it because what they did. I suffered for three years and I do not know how to resolve it and due to massive destruction of the unit, all my money goes to damages, so I live in poverty due to my past tenants, so the chance of hiring a lawyer at this time is nil. I feel helpless. I feel deeply depressed. And I got ADD to boot, so noise unfortunately as always disturbed me my whole life. And I will not resort to wearing headphones in my own house like my lovely tenant does. I fear I will lose my tenants due the
Hi Ella,
Most cities and counties have noise ordinance laws. You should consider calling the police and report the noise and your tenants should too. The more people complaining to the authorities about these violations the faster they might be mitigated by law enforcement.