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Limiting the Covenant of Quiet Enjoyment

By Emily K. Bardon

“Landlord shall assure Tenant of quiet enjoyment and possession of the Premises, and Tenant shall enjoy all rights herein granted without interference.” This type of clause, in one form or another, is likely to be found in any commercial lease. So let's discuss some considerations for drafting this covenant, including ways by which a landlord may limit its scope.

Despite its name, the covenant of quiet enjoyment is not a promise that a tenant's premises will be pleasant or free from noise. Furthermore, despite the fact that this covenant is widely regarded as a fundamental right of title that is implied by law in many states, a landlord can limit the scope of this covenant through careful drafting of the covenant itself and and of the lease as a whole.

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