Law Dictionary

QUIET ENJOYMENT

QUIET ENJOYMENT. In leases there are frequently covenants by which the lessor agrees that the lessee shall peaceably enjoy the premises leased; lessor agrees that the lessee shall peaceably enjoy the premises leased; this is called a covenant for quiet enjoyment. This covenant goes to the this is called a covenant for quiet enjoyment. This covenant goes to the possession and not to the title. 3 John. 471; 5 John. 120; 2 Dev. R. 388; 3 possession and not to the title. 3 John. 471; 5 John. 120; 2 Dev. R. 388; 3 Dev. R. 200. A covenant for quiet enjoyment does not extend as far as a Dev. R. 200. A covenant for quiet enjoyment does not extend as far as a covenant of warranty. 1 Aik. 233. covenant of warranty. 1 Aik. 233. 2. The covenant for quiet enjoyment is broken only by an entry, or 2. The covenant for quiet enjoyment is broken only by an entry, or lawful expulsion from, or some actual disturbance in, the possession. 3 lawful expulsion from, or some actual disturbance in, the possession. 3 John. 471; 15 John. 483; 8 John. 198; 7 Wend. 281; 2 Hill, 105; 2 App. R. John. 471; 15 John. 483; 8 John. 198; 7 Wend. 281; 2 Hill, 105; 2 App. R. 251; 9 Metc. 63; 4 Whart. 86; 4 Cowen, 340. But the tortious entry of the 251; 9 Metc. 63; 4 Whart. 86; 4 Cowen, 340. But the tortious entry of the covenantor, without title, is a breach of the covenant for quiet enjoyment. covenantor, without title, is a breach of the covenant for quiet enjoyment. 7 John. 376. 7 John. 376.