The covenant of quiet enjoyment is one of the oldest protections a tenant enjoys against their landlord. As California Civil Code Section 1927 puts it, “An agreement to let upon hire binds the letter to secure to the hirer the quiet possession of the thing hired during the term of the hiring, against all persons lawfully claiming the same.” This legal concept is older than the state of California, and this version of it was part of the original Civil Code in 1872. So, what does it actually mean?

One place this covenant applies is when one person (we’ll call them the landlord) rents property to another (who we’ll call the tenant). When the landlord signs a lease, they are promising not to interfere with the tenant or do anything that would prevent them from using the property for its intended purpose. For residential purposes, this means the landlord promises that the tenant will be able to live safely and comfortably in the home they have paid for.

If the landlord fails to ensure the tenant can live in the home they paid for, they might be considered to be breaking the contract. In this case, choosing not to do something is viewed as a choice to do something: nothing. So, if the landlord becomes aware of uninhabitable conditions, dangerous neighbors, or a property manager who is violating their tenants’ rights, they could be held responsible. This is because anyone else claiming rights based on the landlord owning the property, like neighbors the landlord also rents to, or employees of the landlord’s property management company, are people for whom the landlord is responsible, and failing to keep them from making the tenant’s situation uninhabitable can be enough to make the landlord legally responsible.

A breach of the covenant of quiet enjoyment can be a serious matter. It may justify breaking a lease early or a claim for constructive eviction. If you believe your landlord may have breached the covenant of quiet enjoyment, you should speak with an attorney to ensure your rights have not been violated.