quiet enjoyment
The good news: Pennsylvania also implies a covenant of quiet enjoyment into every residential lease contract.
The bad news: It doesn't mean exactly what it sounds like it means.
Here's why:
What to do: Before taking any other action, notify the landlord of the problem in writing. In extreme cases, you can file a lawsuit asking for damages resulting from the broken covenant.
What you can't do: In most cases, the apartment is still habitable, so you can't move out and terminate your lease.
The bad news: It doesn't mean exactly what it sounds like it means.
Here's why:
- It typically applies only to the actions of the landlord and the landlord's agent. Thus, the landlord can't restrict your use of the leased premises by, for example, moving the dumpster onto your patio.
- It typically does not apply to the actions of your neighbors. So when your neighbor keeps playing a wall-shaking stereo at 3 am, that isn't a breach of the covenant of quiet enjoyment. There may be exceptions to this where the lease includes noise restrictions and the landlord refuses to take action to enforce those restrictions.
- You can bargain it away. When you sign a lease that allows a landlord unrestricted access to your apartment, or prohibits pets, you are agreeing to restrictions on your use of the property.
What to do: Before taking any other action, notify the landlord of the problem in writing. In extreme cases, you can file a lawsuit asking for damages resulting from the broken covenant.
What you can't do: In most cases, the apartment is still habitable, so you can't move out and terminate your lease.
Every situation is different. This website is meant to give you only general information, not specific legal advice.
For legal advice, consult an attorney.
For legal advice, consult an attorney.