MBE Rules · Real Property
Covenant of quiet enjoyment
The rule
Every lease, residential or commercial, contains an implied covenant that the landlord will not, by act or omission, substantially interfere with the tenant's use and enjoyment of the premises. Breach may be by actual eviction, partial eviction, or constructive eviction.
In plain English
The baseline lease promise: the landlord (and those claiming under the landlord) will leave the tenant alone to use the space. It is separate from — and broader than — the implied warranty of habitability.
Drill this rule until it can't fail you.
Vrenberg generates unlimited questions on this exact rule, tracks your mastery of it, and brings it back until it sticks.