What is the implied covenant of quiet enjoyment?

The implied covenant of quiet enjoyment is a legal term used in Contract Law in South Carolina that guarantees a tenant’s right to enjoy their leasehold without any interference or disturbance from the landlord. The covenant of quiet enjoyment is an implied contract of a lease and is presumed to be part of every lease agreement even if it is not explicitly written into the contract. This covenant provides that the landlord has the obligation to remain inactive and cause no interruption to the tenant’s possession of the property. The tenant has the right to undisturbed use and possession, and the landlord is prohibited from taking any action that would interfere with or disturb the tenant’s enjoyment. For example, if the tenant was leasing a house and the landlord came in and changed the locks, they would be breaching the covenant of quiet enjoyment and the tenant would have the right to take legal action against them. In South Carolina, the implied covenant of quiet enjoyment is protected by the South Carolina Code of Laws which states that tenants have the right to peacefully and quietly enjoy their home without any unlawful interference from their landlord.

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What is the implied covenant of quiet enjoyment?

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