What is an implied covenant?

An implied covenant is a legal agreement between two parties that is not physically laid out in words. In Virginia, an implied covenant is a type of Property Law, meaning it relates to the rights of property owners and tenants. Specifically, an implied covenant is a type of promise or agreement that courts assume is part of a contract. One example of an implied covenant is an implied covenant of quiet enjoyment. This means that a tenant can enjoy the rented property without interference from a landlord, unless it is specifically stated. In other words, the tenant can expect to be able to use the property without being disturbed by their landlord. Another common type of implied covenant is an implied covenant of fitness for use. This refers to the idea that property is "fit for use," meaning it is suitable for the purpose for which it was made. As such, property must meet certain standards of quality and performance, regardless of any written agreement. In general, implied covenants provide a greater level of protection for tenants and landlords. Without the implied covenants, some tenants would be at-risk of being mistreated, or landlords might have little reason to guarantee the tenant a safe and livable space.

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