Five Things You Need to Know About the Right to Quiet Enjoyment

The right to quiet enjoyment is one of the fundamental rights that all tenants possess. Thanks to this essential legal doctrine, you can enjoy your apartment without unexpected intrusions. Here are five things you should know about the right to quiet enjoyment:

1. The right to quiet enjoyment protects every tenant by default
   • Every tenant is protected by the right to quiet enjoyment, also known as the covenant of quiet enjoyment, a fundamental aspect of a tenant’s rights. While this right can be modified, every tenant receives its protections by default. This means your landlord cannot intrude on your apartment without good cause, unless you agree otherwise.
2. It protects your right to remain in your apartment
   • Thanks to the right to quiet enjoyment, your landlord cannot evict you from your apartment without due cause. This means you must do something to justify an eviction, such as failing to pay rent or violating the terms of your lease. Even then, in New York, a landlord must successfully bring an eviction suit against you in court to legally remove you.
3. It protects you against harassment by your landlord
   • The right to quiet enjoyment also protects you against efforts by your landlord to harass you out of your apartment. This may include things like playing intentionally loud music outside of your window, turning off your utilities, or calling you when they know you are likely asleep. It may also include receiving threatening messages, or being locked out of your apartment.
4. It ensures you must get warning for necessary intrusions
   • When a landlord must enter your apartment for some reason (such as to allow maintenance workers to make repairs), the right of quiet enjoyment requires the landlord to provide you with advance notice. This way, you are never caught off guard when someone enters your apartment. This helps protect your privacy and prevents your landlord from barging in unannounced.
5. You can sue if your right to quiet enjoyment is infringed upon
   • If your landlord breaches your right to quiet enjoyment, you can seek compensation for the harm you have suffered in court. However, to know what your legal options are, you should speak to a lawyer with experience handling landlord-tenant disputes. They can help you review your case, and ensure you get the best possible outcome for your situation.

If you are in a dispute with your landlord and want to know more about protecting yourself, do not wait until it is too late. You should seek advice from an attorney experienced in handling landlord-tenant disputes, who can advise you on your rights and help you avoid the risk of eviction. Contact the skilled landlord-tenant attorneys at Hobson-Williams, P.C.  Contact us online, toll-free (866) 825-1529 or (718) 210-4744 to discuss your rights and the solutions available to you.

Author: Tanya Hobson-Williams

Appointed to the bench by the Board of Trustees in 2008, and elected in 2009, Tanya Hobson-Williams was the first African-American Female Justice in the Incorporated Village of Hempstead. Tanya Hobson–Williams obtained her B.A. in Government and Politics from St. John's University and her law degree from Benjamin N. Cardozo School of Law. Tanya Hobson-Williams has an active elder law practice assisting senior citizens in obtaining Medicaid for Home Care and Nursing Home Care. She routinely lectures at senior citizen centers, assisted living facilities, law schools and counsels families on a variety of topics of concerns to families caring for the elderly. View all posts by Tanya Hobson-Williams