What is an implied covenant?

An implied covenant is a term or condition that is assumed or presumed to be part of a contract, even though it is not specifically written down. In property law, implied covenants are used to fill in any gaps between what is explicitly stated in the contract and other expectations that the parties may have. In the state of Washington, implied covenants of quiet enjoyment and warranty of habitability are typically implied in leases. Quiet enjoyment establishes that a landlord cannot interfere with the tenants’ ability to peacefully enjoy the property, while the warranty of habitability provides that the landlord is responsible for ensuring that the property is safe and livable. There may also be other implied covenants that are not explicitly stated in the contract, but are assumed to be part of the agreement. For instance, a tenant may be expected to keep the property in good condition, and a landlord may be expected to keep the property safe and secure. Implied covenants provide a way for property law to address any possible grey areas in a contract, making them an essential part of property law in Washington.

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