How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds

Ask a Real Estate Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 5379
Experience:  17 years of legal experience including real estate law.
4460311
Type Your Real Estate Law Question Here...
characters left:
6 Real Estate Lawyers are Online Now

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Questions on Quiet Enjoyment Law

“Quiet enjoyment” is a real estate covenant, or agreement between two parties to do or to not do something. It grants a tenant or a landowner to use and enjoy a real property, undisturbed by anyone. Even when quiet enjoyment is not specifically included in a rental agreement, courts will usually read the covenant into the agreement, or tenancy. Some of the functions of quiet enjoyment include the right to exclude others from the premises, the right to enjoy quiet and peace, the right to premises that are clean, as well as the right to basic services such as heat and hot water and, elevator service for high-rise buildings.

Listed below are a few questions answered by real estate lawyers on “quiet enjoyment” related issues.

How can “quiet enjoyment” be defined under HOA’s rules and regulations?

Quiet enjoyment is the right of a tenant or landowner to the undisturbed use, possession, and enjoyment of real property. In legal terms, “quiet” is defined as “uninterrupted” along with “an absence of noise”.

I live in NJ and have new neighbors that just moved in below. They have a toddler who runs around 12 hours a day, and they stomp and slam doors a lot. They also smoke and this smoke enters my apartment. I am allergic to the smoke. What can I do if my apartment complex hasn’t done anything about this in two weeks? Do I have any rights to quiet enjoyment?

As a tenant, you do have the right to quiet enjoyment and you can demand the landlord keep other tenants from interfering with your right. What you could do is document your demands to the landlord in writing, and then file a suit against him/her for breach of the lease. However, the success of your case would depend on whether the court considers family noises that are a part of everyday life in an apartment building as a violation of quiet enjoyment. The behavior that a landlord is supposed to protect tenants from is usually much more serious than apartment building noise. Finally, if the landlord does not take steps to keep smoke out of the apartment, you could declare a constructive eviction and move out. Whatever you do, take advice from local counsel to protect your rights before deciding upon anything.

Legally, can a landlord leave a dead animal in the interior wall of a leased house? Pest control discovered a hole under the house and just plugged it, leaving a dead animal inside with a horrible stench.

With every property rental there is an implied warranty of habitability, and this includes a tenant’s right to a safe and healthy environment and to the peaceful and quiet enjoyment of the rental property. With the stench, it is clear that the landlord has breached this implied warranty of habitability.

Your recourse would be to send a certified, return receipt requested letter that notifies the landlord of the default and demands the situation be fixed posthaste. Ask for a reimbursement of a part of your rent paid thus far to compensate you for the reduced value of your rental property due to the problem. Also, until the problem is solved, demand that the landlord either lowers your rent moving forward or pays for temporary living expenses.

Finally, let the landlord know that you can terminate your lease because of the default, effective as of a specified date, if the problem is not fixed. Also demand your security deposit be refunded to you in full and tell the landlord you will soon make a determination and will notify the landlord of any damages you might have suffered because of the default.

What are the Florida Laws for "quiet enjoyment" standards of apartment living?

Florida has no statutes on quiet enjoyment. The standard is "peaceable use and enjoyment of the premises" which is what the landlord should grant to the tenant in conjunction with a lease. "Peaceable" has been defined through thousands of Florida court cases. Basically, it means the tenant can use the rented property, without interference, as long as they do not cause damage to the property in any way or violate the lease terms. Most leases will also have a nuisance clause and other clauses that restrict a tenant's use of the premises. Other than that, the tenant is free to use the property without anyone else interfering, interrupting, or disturbing them.

If a landlord breaches the covenant of quiet enjoyment, a tenant has two options to deal with the situation: By ceasing to pay rent until the problem is fixed or by simply moving out. However, if the tenant decides to leave the premises, he/she could be liable for any rent owing under the agreement if the court feels that the landlord did not actually breach the covenant of quiet enjoyment.

Ask a Real Estate Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 5379
Experience:  17 years of legal experience including real estate law.
4460311
Type Your Real Estate Law Question Here...
characters left:
6 Real Estate Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Real Estate Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 4813
16 years of legal experience including real estate law.
Law Pro
Lawyer
Satisfied Customers: 6227
20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
Barrister
Lawyer
Satisfied Customers: 4966
13 years real estate, Realtor. Landlord 24+ years

Recent Quiet Enjoyment Questions

  • We paid off our mortgage in Oct, then took out a loan to consolidate

    We paid off our mortgage in Oct, then took out a loan to consolidate our debts using our house for collateral (first mortgage) 3 to 4 weeks later with a different bank. Should we have gotten a deed or reconveyance from the first bank? Or do they keep the original mortgage deed to go to the second bank?
  • I live in a small town in central pa. actually in the borough.a

    I live in a small town in central pa. actually in the borough.a state owned hwy runs in front of my home .there were two tree on the states right of way ,the borough had the trees removed and sent me a bill for 1200.00 dollars for the cost of the trees removal.there codes states it is the responsible land owners burden to pay for the trees. I have a survey of my property and deed that clearly shows I do not own the property,but have been told it does not matter the trees are in front of my home therefore it is my responsibility to pay for their removal.canthey legally force me to pay for some thing that I do not own,been told they are going to put a lean agaist my house if I do not pay their bill.
  • Well...I leased a commercial building and was informed after

    Well...I leased a commercial building and was informed after several personal inspections that the building no longer leaked. I paid a deposit, signed month to month lease, moved into building November 2014, paid November rent (although it was sent late and owner never received) and subsequently we've had 2 rain events in which the first event was not quite as bad as the second. First leak comprised approximately 5-6% of building but caused thousands of dollar in damage to my inventory. I moved inventory to dry out, second rain event and go back following day to find approximately 2/3 of building had water intrusion and water damage to same inventory that had dried out and then more damage to additional inventory. Building is 5500 sqft.
< Last | Next >
View More Real Estate Law Questions